Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Order dismissing application of accused to adduce defence witness - Said order is not interlocutory order, as it is a final order by which further right of accused to adduce further evidence has been finally closed - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and daughter - Husband is Government employee serving in Fire Service Department and drawing Rs.40,000 pm as salary - He was not paying any maintenance to wife - Husband inspite of receiving notice did not take part in hearing - However, main case is still pending for adjudication - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Mandatory provision of S.52-A of NDPS Act has not been followed, as seizure officer did not get the proceedings u/s 52-A of the Act conducted in the case before a Magistrate or Gazetted Officer - Search and seizure vitiated - Moreover,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........