Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Law as to: (i) Second/successive anticipatory bail petition filed u/s 438 Cr.P.C, is maintainable in law and such petition ought not to be rejected solely on the ground of maintainability; (ii) Such second/successive anticipatory bail petition(s) is maintainable whether earlier..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67 -- Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Application for extension prepared by Investigating Officer and forwarded by Public Prosecutor - No report submitted by Public Prosecutor - Provision of S.36A(4) explicitly stipulates that Court may grant an extension only upon receipt of a report from Public..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of bail on the basis of parity is not a claim of right - While applying principle of parity, Court is required to focus on the role attached to accused whose application is under consideration...........
Negotiable Instruments Act, 1881, Section 143A -- Interim compensation - Broad parameters for exercising the discretion u/s 143-A of the Act are as follows: (i) Court will have to prima facie evaluate the merits of the case and merits of the defence; (ii) Financial distress of accused can also be a consideration; (iii) A direction to pay interim compensation can be issued,..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of interim maintenance at the interlocutory stage of a proceeding u/s 125 Cr.P.C cannot be said to validate the status of marriage between parties beyond any doubt...........