Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appearance of accused before Court after receiving notice from police station for filing of charge-sheet amounts to custody and his application u/s 439 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Applicant is under apprehension of his arrest, therefore, his application u/s 438 Cr.P.C. is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Indian Penal Code, 1860, Section 302 -- Murder - Minimum sentence - Any punishment less than imprisonment for life for offence punishable u/s 302 IPC would be contrary to S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Reduction of sentence by High Court to sentence already undergone by accused which is less than imprisonment of life is contrary to S.302 IPC and is unsustainable...........
Criminal Procedure Code, 1973, Section 154 -- Multiple FIR's - Of the same occurrence - Hit by doctrine of sameness and it has to be obliterated, as it would amount to violation of fundamental rights of a citizen - Impugned FIR cannot be sustained, hence quashed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Successive FIR's not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and not permissible under law...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
