Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Death of proprietor - Proprietary concern can neither initiate proceedings nor proceedings be initiated against it - Proprietary concern cannot be impleaded as accused - Proceedings against proprietary concern quashed...........
Criminal Procedure Code, 1973, Section 311 -- Opportunity to cross examine - Counsel refused to cross examine during pendency of revision petition - Since there was no stay by revisional Court, trial Court was bound to proceed with the trial according to law - Accused not entitled to any further opportunity...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise in non compoundable offence - High Court has inherent powers u/s 482 Cr.P.C. to quash criminal proceedings even in no, compoundable offence on the basis of compromise...........
Indian Penal Code, 1860, Section 363, 366A, Criminal Procedure Code, 1973, Section 482 -- Run way marriage - Quashing of FIR - Petitioner and respondent married together as per their own free will and now they are residing together as husband and wife - Respondent is major, therefore, no offence is made out against petitioner u/ss 363, 366-A IPC - There is no justification..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kgs poppy husk - Neither petitioner apprehended on spot nor any recovery effected from him - No specific reason is given by State as to on what basis police official identify present petitioner - Even, said police official is not stated to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right availed - Order of bail cannot be cancelled on filing of charge sheet beyond statutory period...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Liability of married daughter - Parents can claim maintenance from her daughter, if she is having sufficient means, irrespective of the fact whether she is married or unmarried...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Issue as to territorial jurisdiction of Court - Applicant never raised said issue before Family Court and even submitted to its jurisdiction till completion of trial and delivery of judgment - It would therefore be wholly improper to allow applicant to raise issue of territorial jurisdiction for the first..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Parents having three children - Allowing any option for parents to choose any of them would be unjust and onerous only on one of children particularly when others are also earning and that too handsomely - Since other children are having sufficient means to maintain their parents, they should also have..........
Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198 -- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR..........
