Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 438, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offences u/s 63 of Copyright Act and S.103 of Trade Marks Act are non-bailable in nature - Application for anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 465, 482, 483, 485, 486, 488, 34, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offence u/s 418, 465, 482, 483, 485, 486, 488, 34 IPC and S.63 of Copyright Act and S.103 of Trade Marks Act - There is infringement of trademark..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 295-A IPC - Quashing of FIR - Allegation that accused by putting a comment on his Facebook, hurt religious feelings of Hindu community - However, words used by accused do not convey even remotely the meaning which complainant seeks to extract out of expression - There is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused in custody since 12th January, 2021 - Matter under investigation - That itself is not sufficient ground to deny personal liberty to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded in proceedings u/s 125 Cr.P.C are not final and parties are always at liberty to agitate their rights in Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife has no source of income of her own - She is thus, unable to maintain herself - Wife is living at her parental house due to continuous harassment and demand of dowry by husband and his family members - Maintenance allowance of Rs.10,000 to wife and Rs.5,000 to son rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not a pre-condition for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Long cohabitation of 15 years between parties living together as man and woman, even without performance of essential rituals of marriage, would give rise to a presumption that applicant was living with husband as wife - Presumption of cohabitation as husband and wife is also not rebutted by his subsequent..........
