Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Accused already surrendered before Court concerned - Penalty amount imposed upon surety reduced to Rs.4000/- in place of Rs.15000/-...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in Uttar Pradesh Prevention of Cow Slaughter Act - Petitioner is the registered owner of vehicle - Ownership of vehicle is not in dispute - No useful purpose will be served in keeping the vehicle stationed at police station in open yard for a long period allowing it to be damaged..........
Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P. can be filed even after dissolution of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P.C - Limitation - S.125 Cr.P.C does not prescribe any period of limitation for filing application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband married another lady during subsistence of first marriage and husband procreated three children from her - Reasonable cause for wife to live separate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
