Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife continues to be wife for limited purpose of claiming maintenance allowance from her ex-husband within meaning of S.125(1) Explanation (b) Cr.P.C - Wife thus, entitled to maintenance under provisions of S.125 Cr.P.C - Plea of husband that divorce granted on account of desertion by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 137 kg 300 gm opium - Accused has suffered incarceration of nearly 5 years - No other case for offence under NDPS Act is registered against him - Though, quantity of recovered opium is quit heavy, but indefinite/prolonged incarceration of an accused without trial cannot be permitted, more so, when prosecuting..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 32 -- Right to life and liberty - Petition u/s 482 Cr.P.C. - Maintainability - For enforcement of fundamental rights, Constitution of India made separate provision u/art.226 of Constitution and u/art.32 of Constitution - Hence, petitioners have got direct and more efficacious remedy, by..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly cross-examined complainant at the stage of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Criminal Procedure Code, 1973, Section 154 -- FIR - FIR is not a substantive piece of evidence and its only purpose is to set criminal machinery in motion - FIR is often lodged in hurry and it may not contain minute and precise details of incident - FIR can be got registered by a person, who may not be an eye-witness of the same - It is only during investigation of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 8, 20(b)(ii)(C) of NDPS Act - Co-accused already given benefit of suspension of sentence - Case of accused is not distinguishable from co-accused - Accused are in..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - On basis of parity with co-accused - Case of accused is totally distinguishable from that of co-accused whose sentences have been suspended by Court - Accused is named in FIR along with his brothers, all of whom sitting in same jeep which was used in commission of crime - He..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Persons named in FIR but not implicated in charge sheet can be summoned to face trial, even if stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge sheet has gone,..........
