Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Award from the date of application - Husband himself responsible for the delay in disposal of application u/s 125 Cr.P.C. - Awarding maintenance from the date of application held, proper...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B -- Suspension of sentence during pendency of appeal - Offence u/s 120-B IPC - Allegation that main accused gave beatings and harassed the deceased at the instance of applicant - However, no strong motive has been alleged by prosecution against applicant - Appeal is not likely to mature for..........
Criminal Procedure Code, 1973, Section 389, 357, 482 -- Stay of recovery of compensation during pendency of appeal - Contention that trial Court granted Rs.5 lakhs compensation to victim without discussing age of victim and other circumstances - Held, without expressing any opinion on merits of case, in the interest of justice, applicant is directed to deposit Rs.2 lakhs..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1) -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court either on its own or on an application filed on behalf of any party including an accused, since before, would pass an order relating to S.319 Cr.P.C. and there happens to be no clutch prescribed therefore...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused not named in the Fard-e-bayan of informant, while putting allegation against other co-accused - Witnesses named the accused during trial - Summoning of accused in such situation on application filed by informant held, proper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 342 -- Quashing of Proceedings - Offence u/ss 323, 342 IPC - Allegation that accused entered into the bathroom of complainant while he was taking bath and tried to commit unnatural offence - Wrong is basically private or personal in nature as complainant has also lost interest and has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Bail - Offence u/ss 467, 468, 471, 120-B IPC - Accused discharged u/s 420 IPC at the time of framing of charge - He is in custody for more than 1 year - Bail application of accused rejected by High Court on the basis of FSL report - Though Case is pending for a long time but..........
Criminal Procedure Code, 1973, Section 468, Essential Commodities Act, 1955, Section 3(2)(h)(i), 7(1)(a)(i) -- Cognizance of offence - Limitation - Offence u/ss 3(2)(h)(i), 7(1)(a)(i) of Act of 1955 - Admittedly, date of occurrence is 18.12.2008 - Photo-copy of order sheet shows that final form was submitted on 4.7.2011 and cognizance was taken on 12.6.2013 - Hence,..........
Indian Penal Code, 1860, Section 420, 406, Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Section 3, 5, Criminal Procedure Code, 1973, Section 482 -- Cheating by financial institution - Default in return of deposit - Quashing of order of attachment of immovable properties of partner of financial institution - Application for - As..........
