Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled merely on the ground that new counsel has been engaged and he found that certain vital questions have not been put to witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recall of rape victim for cross-examination - Victim in cases of sexual assault cannot be subjected to ordeal of repeated cross-examination where sufficient opportunity has already been granted to accused at appropriate stage to cross-examine the witnesses...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If wife is living separately by mutual consent then she is not entitled for allowance of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately on basis of mutual agreement - Husband resiled from the promises made in the agreement - It cannot be said that wife is living separately by mutual consent - Husband directed to pay maintenance of Rs.5000/- p.m to wife and Rs.2500/- each per month to children, payable from date of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering application for bail, scope of appreciation of evidence and other material on record is limited - Court is not expected to critical analysis of evidence on record...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Allegations leveled against accused in the complaint shows a prima facie case for commission of offences in question - Provisions of Ss.18, 18-A of SC/ST Act would certainly apply -..........
