Criminal Procedure Code, 1973, Section 438 -- Interim bail granted for one month on ground of illness of mother - Interim bail extended for one month on ground that mother had expired and wife was suffering from serious illness - It was made clear that no application for extension of bail shall be entertained - Petitioner now seeking extension of interim bail on ground of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Death due to custodial torture - Appellant is father of deceased who succumbed to injuries suffered in lock up - He is 76 years of age and has been fighting alone in the case for last more than 14 years - Deceased was 20 years old at the time of incident and appellant pursued the case from last 14 years which..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
Criminal Procedure Code, 1973, Section 438, Unlawful Activities (Prevention) Act, 1967, Section 43D(4) -- Anticipatory bail - Bar contained in S.43-D(4) of Unlawful Activities Act - Application u/s 438 Cr.P.C is not maintainable in view of bar contained in S.43-D(4) of Unlawful Activities Act - However, protection has been enjoyed by petitioners approximately 1-1/2 years..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Order of extension of limitation passed on 20.03.2020, in an earlier judgment during lock down period - Said order cannot be read to mean that it ever intended to extend period of filing charge sheet by police - Charge sheet could have been filed/submitted even during the lock down period and I.O. was not..........
