Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be granted merely on the ground that custodial interrogation is not required or necessitated...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - An order granting monthly maintenance allowance or monthly allowance for interim maintenance may be enforced by any Magistrate within whose jurisdiction respondent may be, provided Court is satisfied about identity of parties and non payment of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - If trial Court is of opinion that order to release on probation is not advisable, trial Court has to assign reasons for non-giving the benefit of probation...........
Criminal Procedure Code, 1973, Section 360(4) -- Benefit of probation - Benefit as per S.360(4) Cr.P.C can be awarded by appellate Court or by High Court while exercising its power of revision...........
