Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Domestic Violence Act - Limitation - S.468 Cr.P.C. is applicable to proceedings u/s 31 and not to an application u/s 12 of D.V. Act...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainable only if there is change in the fact situation or where earlier finding has become obsolete - In the absence thereof second bail application is not maintainable...........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Acceptance of tender of pardon u/s 306 Cr.P.C. by petitioner - Application for bail cannot be entertained u/s 439 Cr.P.C., as by acceptance of tender of pardon, petitioner legally and practically ceased to be an accused temporarily and gained the status of witness, subject of course to legally authorized detention..........
Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Remand prisoner, who has accepted tender of pardon - Can be released on bail by High Court in exercise of powers u/s 482 Cr.P.C., if not u/s 439 Cr.P.C. in appropriate and justifiable circumstances...........
Criminal Procedure Code, 1973, Section 306 -- Tender of pardon - Provision contains some discrimination between persons who are already on bail and persons who are in judicial custody - If an accused already on bail accepts tender of pardon, he cannot be detained in custody u/s 306(4)(b) Cr.P.C. - Provision can be applied only in case of an accused who has been in judicial..........
Criminal Procedure Code, 1973, Section 306(4)(b) -- Object of S.306(4)(b) is two fold: (i) to ensure that approver does not cross over to other side due to pressure or influence or threat; and (ii) to protect the approver from all possible threats to his person and life...........
Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Acceptance of tender of pardon by accused - Factors to be consider by High Court while exercising discretion in favour of approver u/s 482 Cr.P.C: (i) possible suspicion regarding reliability of approver due to his antecedents; (ii) possibility of approver being influenced or won over by defence; (iii) possible..........
