Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Stamp Act, 1899, Section 47A -- Recall of order passed u/s 47-A of the Act - Power of Collector - Collector has no power to recall and review his own order, as no such power has been conferred u/s 47-A of the Act...........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 376 -- Rape - Enhancement of sentence is not justified nearly 35 years after the incident in view of facts of the case - No interference warranted in the order of sentence...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
