Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Death due to custodial torture - Appellant is father of deceased who succumbed to injuries suffered in lock up - He is 76 years of age and has been fighting alone in the case for last more than 14 years - Deceased was 20 years old at the time of incident and appellant pursued the case from last 14 years which..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Corruption case - PW1 is the author of sanction order - He is competent authority and in his cross-examination he has categorically stated that he sanctioned prosecution - Merely mentioning wrong provision of P.C. Act in sanction order would not vitiate sanction and trial pursuant thereof - Moreover, witness..........
Indian Penal Code, 1860, Section 380, 457, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 380, 457, 201, 34 IPC - Petitioner admitted the factum with regard to theft committed by him in the house of complainant - Challan stands filed in Court and nothing remains to be recovered from petitioner - Petitioner is behind bars for last eight months..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20 kg ganja - 20 kg Ganja does not come within definition of commercial quantity as per Central Government's notification - As recovery is less than commercial quantity and greater than smaller quantity,..........
Drugs and Cosmetics Act, 1940, Section 32, 22, 23, 25, 27, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 154, 190, 173 -- Offence under Chapter IV of Act of 1940 - Police Officer cannot submit report u/s 173 Cr.P.C...........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
