Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 14, 17, 18, 20, 21, 22 -- Quashing of proceedings - First marriage of wife existing at the time when she solemnized second marriage - Suppression of fact - Seeking quashment of proceedings in wake of initial suppression of personal details and litigation may not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Cruelty - Principle of `stare decisis' - Main accused husband of deceased acquitted on merit - No specific over act levelled against petitioners - Even no cinching evidence to presume that proceeding would culminate into conviction -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone cannot be decisive ground to deny bail - Rather, competing factors are required to be balanced by Court while exercising its discretion - Object of bail is to secure appearance of accused at the trial - Object of bail is neither punitive nor preventative...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Drugs and Cosmetics Act, 1940, Section 18C -- Bail - Recovery of 597 bottles of cough syrup and tablets from chemist shop - Accused was having valid licence to possess/store drugs allegedly recovered from his car and shop - Some of drugs are though covered under..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance to wife - Quashing of maintenance order - Settlement arrived at between parties - Divorce by mutual consent is granted in view of settlement - Impugned order of maintenance set aside, as sufficient amount including permanent alimony was already granted to wife...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 20 -- Interim maintenance - Petition u/s 125 Cr.P.C. and PWDV Act simultaneously - Maintainability - Provisions of Cr.P.C. and PWDV Act are different in nature for different cause and purpose - Moreover, they are not substitute to each other but they are in addition to..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of discharge, Court has only to examine that whether a trial can actually proceed on the strength of evidence, which were there before Court - Evidence has not to be evaluated in detail nor arguments have to be heard at this stage...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Rejection of - Validity - Order rejecting discharge of accused a detailed order, which has dealt with each and every aspect of matter, where a categorical finding has come that there is enough evidence placed by prosecution for trial to continue - Discharge application rightly rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner in judicial lock up since 09.08.2017 and FSL report is still awaited - Held, till FSL report is received, petitioner be released on interim bail...........
