Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........
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 438 -- Anticipatory bail - While granting anticipatory bail accused directed to deposit Rs.2.5 crores with 10% simple interest every year - Condition imposed is not sustainable and same quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If wife for her survival does some work, it may not disentitle her from maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
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 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
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..........
