Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Interim stay of operation of an order granting bail till disposal of application for cancellation of bail - In an application filed seeking cancellation of bail, power to grant an interim stay of operation of order to bail can be exercised only..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court not to conduct a mini trial at the time of hearing a petition u/s 482 Cr.P.C for quashing of FIR...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. must be invoked by Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated and well qualified to earn an income is not sufficient to deny maintenance to her...........
