Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Criminal Procedure Code, 1973, Section 125 -- Evidence without pleading cannot be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to get maintenance from her husband during subsistence of her marriage u/s 125 Cr.P.C, if she is unable to maintain herself - Even after divorce, she is entitled to get maintenance from her former husband u/s 125 Cr.P.C. if she is unable to maintain herself despite payment of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - No cogent evidence adduced by husband in support of his allegation of adultery against wife - Proved fact is that wife is living separately along with minor daughter and she is unable to maintain herself and minor daughter - Considering the fact that husband has parents and second wife, besides..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - At the stage of considering the grant of leave u/s 378(3) Cr.P.C, a prima facie case should be looked into by High Court, but not ignoring the materials on record...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an Affidavit duly sworn - Such direction issued in Priyanka Srivastava case is prospective in nature...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order of dismissal of application filed for extension of time to deposit cost of Rs.10,000 - Petitioner has fair trial as enshrined u/art 226 of Constitution and any denial of best available evidence or opportunity of effective and substantial hearing to petitioner in proving his defence would amount to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379 -- (Criminal Procedure Code, 1973, S.340) - Perjury - S.379 BNS does not mandate a preliminary enquiry, unless there is an expediency in the interest of justice in the opinion of Court...........
