Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Accused has already undergone 2 years 8 months of sentence out of total sentence of 10 years - Keeping in view the custody period as well as the fact that appeal is admitted and not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 468, 120B -- Anticipatory bail - Offence u/ss 420, 406, 468 & 120-B IPC and S.72(A) of IT Act - Allegation that accused persons being husband and wife, trustees of two trusts raised few crores of rupees as donation to build a `museum' in honour of 2002 riot victims which they failed to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This will deter him to casually..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - That apart, in appropriate cases, Magistrate to verify the truth and also to verify the veracity of the allegations...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has to be supported by an..........
Criminal Procedure Code, 1973, Section 156(3), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Investigation - When a borrower of financial institution covered under the SARFAESI Act, invokes the jurisdiction u/s 156(3) Cr.P.C. and also there is a separate procedure under the Recovery of Debts due to Banks..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. for further investigation - Dismissal of application - Declining of application, would not affect merits of controversy nor would it reflect veracity of allegations made by complainant in FIR which is subsequently lodged...........
Customs Act, 1962, Section 142(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Deficient of goods placed in custody of appellant by Customs department - Since appellant is willing to deposit amount of compensation along with interest in lieu of deficiency of goods - Therefore, ends of justice would be met - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(a) -- Maintenance - A divorced Muslim woman can claim maintenance beyond iddat period and she is entitled to be maintained till she remarries...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of not earning - Husband pleaded that he is not earning anything so he is not liable to pay maintenance to wife and two children living with wife - Husband was not weak or infirm or unable to work at all - Moreover, husband paying Rs.350/- p.m. as tuition fee of two children born out of second wife - This..........
