Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 441 -- Quashing of proceedings - Offence u/s 441 IPC - Tenancy which entered into by virtue of a lease is found not overcome - Case does not come under four corner of S.441 IPC - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Conviction when not possible, it is always advisable to terminate the proceedings as valuable time of Court should not be wasted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Criminal Procedure Code, 1973, Section 482 -- Revisional jurisdiction u/s 482 Cr.P.C. - In absence of perversity, High Court cannot upset concurrent factual findings - It is not for revisional Court to re-analyze and re-interpret evidence on record...........
Criminal Procedure Code, 1973, Section 195, 340 -- Complaint u/s 340 Cr.P.C - Bar u/s 195 Cr.P.C - One person by way of impersonation was produced before Court and was identified as such before Court and thereafter remand and bail was obtained - Complaint therefore, can only be lodged by Court from which remand was obtained or before whom bail was filed and bail bonds were..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C are quasi civil and quasi criminal in nature - It is a summary trial - It is a summary trial...........
Criminal Procedure Code, 1973, Section 125 -- Proceeding u/s 125 Cr.P.C - Principle of beyond reasonable theory is not applicable to cases filed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
