Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Vacation of order of suspension of sentence upon non-payment of 20% of fine amount - Merely because condition to deposit 20% of fine amount was not imposed upon accused at the time of suspension of sentence, it cannot be held that vacation of order of suspension of sentence upon..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Merits of appeal filed by accused and their contentions cannot be considered while exercising powers u/s 148 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Vacation of order of suspension of sentence upon non-payment of 20% of fine amount - Merely because condition to deposit 20% of fine amount was not imposed upon accused at the time of suspension of sentence, it cannot be held that vacation of order of suspension of sentence upon..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Merits of appeal filed by accused and their contentions cannot be considered while exercising powers u/s 148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Conduct of accused going to police station and surrendering before police can be taken into consideration in view of S.8 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
