Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused has failed to explain as to how he has reasonable belief of being arrested by police - Law does not permit to knock at the door of Court for grant of anticipatory bail on merely vague assertions in the absence of any relevant material - Anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Accused never cross-examined PWs 2 & 3 and partially cross-examined PW1 - Reason for such non-cross-examination is absence of their counsel when the matter was listed for cross-examination - Accused permitted to cross-examine PWs completely on a particular day fixed by concerned Court for..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrants issued against accused for procuring his presence - Accused is ready and willing to surrender/submit himself to jurisdiction of trial Court, but for having apprehension of arrest he has been constrained to approach Court - Non-bailable..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - When high end luxurious cars owned by husband cannot be disputed, prima facie valuation put forth by wife, in absence of denial thereto without any material, on oath by husband, can be taken as base to determine interim maintenance...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false criminal case by wife against husband which culminated into acquittal due to absence of witnesses at the behest of wife despite there being 36 hearings, would amount to cruelty towards husband - Conduct on part of wife constitutes mental cruelty - Moreso, there are no..........
Indian Penal Code, 1860, Section 201, 380, 435, 457, 477, 120B -- Offence u/ss 201, 380, 435, 457, 477, 120-B IPC - Conviction - The prosecution has failed to produce any evidence about a prior meeting of minds between the Appellant in relation to conspiracy - Therefore, in the absence of such an agreement, even by inference through circumstantial evidence, the Appellant..........
