Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
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...........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
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...........
