Criminal Procedure Code, 1973, Section 482 -- Investigation - Stay - Grant of any stay of investigation and/or any interim relief while exercising powers u/s 482 Cr.P.C. would be only in the rarest of rare case...........
Criminal Procedure Code, 1973, Section 41, 41A -- Arrest - No arrest should be made because it is lawful for police officer to do so - Police officer has to justify arrest apart from his power to do so...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Criminal Procedure Code, 1973, Section 372 -- Proviso - Appeal by victim against acquittal - Victim is not required to seek leave to appeal as required in case of complainant...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Evidence of prosecution witnesses No.1 to 5 are contradictory to each other regarding allegation against respondent Nos.2 to 5 and in absence of any injury received by the informant, the allegation of assault against respondent Nos.2 to 5 has rightly not been sustained - Acquittal of respondents Nos.2 to 5 calls for..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Release on superdari is just and expedient to avoid its becoming deteriorated in the police compound - Vehicle released on superdari...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Where an issue could have been raised in earlier proceedings but has not been raised, principle of constructive res judicata would be attracted to deny relief, as it is not the policy of law that multiple proceedings should be initiated in Court in relation to same cause of action...........
