Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, Integrated Goods and Services Tax Act, 2017, Section 20 -- Bail - Offence us/ 132 of Central Goods and Services Tax Act & S.20 of Integrated Goods and Services Tax Act - As per complainant, accused created bogus firms in their own names or in names of members of their..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Transfer u/s 407 Cr.P.C. from one Court to another is not to be made in a casual and perfunctory manner and it must be on the basis of some good ground existing and substantiated on record...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Merely because application of applicant u/s 319 Cr.P.C was rejected by trial Court, it cannot be a ground to transfer of case from that Court, particularly when statements of some witnesses have already been recorded by that Court - More so, no specific material could be shown so as to indicate that..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation carried out - Irrespective of its outcome, investigation report is required to be placed before Magistrate...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender - Accused who was not only declared proclaimed offender u/s 82 Cr.P.C, but proclamation of attachment of property was also issued u/s 83 Cr.P.C, he thus, not entitled for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Criminal Procedure Code, 1973, Section 427, 482 -- Concurrent running of sentences - High Court can exercise jurisdiction u/s 482 Cr.P.C and issue direction that sentence imposed by trial Court to run concurrently...........
Criminal Procedure Code, 1973, Section 427, 482 -- Concurrent running of sentences - Petitioner was convicted and sentenced in two cases by same Court - Sentences imposed on petitioner in both the cases shall run concurrently...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recall of prosecutrix for further cross-examination - Prosecutrix initially supported the case of prosecution in her examination-in-chief, however, in cross-examination she completely disowned the happening of incident - Court in exercise of its powder u/s 165 of Evidence Act asked question with..........
