Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - While considering a plea for cancellation of bail on the ground that accused violated bail condition by involving in another crime, his involvement in other crimes on prior occasions may not be a criterion...........
Criminal Procedure Code, 1973, Section 195 -- Forgery of documents in custody of Court - Proceedings u/s 195 Cr.P.C. are to be resorted to by Court where forgery has been committed - However, when forgery of documents is committed outside Court but documents thereafter are produced in Court, an FIR/complaint at the instance of a private individual is maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife resided with husband only for a period of two months after marriage - False and frivolous allegations made by wife with regard to character of mother of husband and also initiated criminal proceeding under different statues and one of proceedings culminated acquittal - This..........
Registration Act, 1908, Section 71 -- Refusal to register document on direction of CBI - CBI cannot stop Sub-Registrar from registering document in view of a pending investigation conducted by CBI - CBI has already taken steps to attach properties under criminal case - Property purchased by any third party should be made aware of the fact that such proceedings are..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not limited to supervening events or events which take place after grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order which is tarnished by patent illegality or perversity and which does not assign reasons for the order can definitely be set aside in proceedings u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order granting bail based on irrelevant material or an order which does not take into consideration relevant material can also be cancelled in exercise of powers u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - While imposing sentence u/s 138 of the Act, Court should exercise its discretion in imposing fine by having regard to S.357(3) Cr.P.C - Rather, criminal Court should bear in mind the object of Chapter XVII containing Ss.138 to 142 of the Act and give priority to compensatory aspect of remedy...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has discretion to impose sentence of fine which may extend to double the amount of cheque and therefore, sentence of fine whenever imposed by criminal Court upon conviction of accused u/s 138 of the Act must be sufficiently enough to adequately compensate the complainant...........
