Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Mere evasive allegation of harassment or threat without even mentioning date, time or place of such occurrence of positive action, proximate to time of occurrence on the part of petitioners which led or compelled victim to commit suicide, conviction u/s 306 IPC is not..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Hindu Marriage Act, 1955, Section 25(2), Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Alteration/modification of maintenance - Courts can modify maintenance upon proof of material change in circumstances - While Courts have the power to modify maintenance based on changed circumstances, this power is not suo motu and must be exercised only on..........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Criminal Procedure Code, 1973, Section 102(3) -- Freezing of bank account - Failure to report the seizure to Magistrate - Non reporting of seizure u/s 102(3) Cr.P.C does not automatically vitiate seizure or make seizure illegal - Petition dismissed with direction to investigation officer to comply with provision of S.102(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - There is no prohibition in filing a fresh bail application after earlier was rejected or cancelled...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application cannot be dismissed by High Court solely on the ground that Apex Court had not permitted filing of fresh bail application while cancelling bail earlier granted by High Court...........
Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Relief u/s 125 CrPC can be granted to wife or child and not to husband...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
