Criminal Procedure Code, 1973, Section 340 -- All omissions or false statements given by a witness shall not be construed as substantive to attract offence of perjury - However, gravity of false statement, circumstances under which such statement is made, intend behind making such statement and its ramification in final decision of case may be decisive while proceeding u/s..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application for anticipatory bail is not maintainable when offence is bailable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - When a party claims maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law - No doubt, deviation therefrom can be had for specific reasons to be recorded in writing and not otherwise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of commercial quantity - Bail - Statements by accused recorded u/s 67 of NDPS Act - Cannot be the mere reason for disallowing bail unless other circumstances also call for rejection of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of narcotics - Commercial quantity was recovered from accused - Accused is not facing charges under NDPS Act in any other case - Call records of mobile can be examined at the stage of trial - On the basis of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is registered owner of vehicle but had not participated in offence as alleged by prosecution nor had knowledge of alleged transaction - Vehicle in question released on terms and conditions to be determined by Special Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.41 of NDPS Act - Bail - Accused cannot be granted bail for violation of S.41 of NDPS Act alone as rigors of S.37 of NDPS Act have to be still met...........
