Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Court at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, depending on factual situation, also has jurisdiction to entertain complaint u/s 498-A IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - An unmarried daughter, who attains majority and is unable to maintain herself because of her illiteracy, unemployment or being a student, cannot be denied maintenance by her father merely because reason to maintain herself is not related to physical or mental abnormality...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Primary object of S.125 Cr.P.C is survival of human being, who is unable to maintain himself in a `survival of fittest society'...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to unmarried major daughter - Enhancement of - Application u/s 127 Cr.P.C for enhancement of maintenance filed after more than 4 years of decision of petition u/s 125 Cr.P.C - Circumstances have completely changed - Daughter is pursuing higher studies now - Taking into account the salary of petitioner and..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 323 - - Application of father of victim/next kin to participate in the proceedings - Case was committed to Court of Sessions - Sessions Court while hearing discharge application concluded on consideration of submissions made by accused and Public Prosecutor that offence in question is triable by Magistrate and without discharging..........
