Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deduction from gross salary of husband due to payment for premium of insurance or instalment of plots purchased by him cannot be taken into consideration as no such deduction from gross salary is permissible under law...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable even after issuance of notice of appearance u/s 41-A Cr.P.C, as apprehension of arrest exists...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of bail on the basis of parity is not a claim of right - While applying principle of parity, Court is required to focus on the role attached to accused whose application is under consideration...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On the basis of parity - Prime accused who is alleged to have initially conducted the blackmail to whom complainant is said to have paid `hush-money', has been granted bail and the role played by present accused was only to further the alleged acts of her son - She has not acted independently, to further..........
