Protection of Women From Domestic Violence Act, 2005, Section 19 -- Residence order u/s 19(4) of the Act - Can be treated as an order under Chapter VIII Cr.P.C - However, recourse to said chapter of Cr.P.C cannot be an effective remedy...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Requirement of active act or direct act which led deceased to commit suicide is absent - It cannot be said that accused with his acts pushed deceased into such a position to commit suicide - Mere fact that accused followed deceased while going to college, that itself is not sufficient to infer that such act..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `G' was convicted and sentenced to undergo R.I for a period of 3 years - He is in custody since 1.2.2024 - Considering the term of sentence imposed and the period of incarceration undergone by him,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `L' was convicted and sentenced to undergo R.I for a period of 7 years - He is a guarantor and not an authority who sanctioned loan, though he was the Assistant Branch Manager - Bail granted to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 376D, 341, 323, 457, Protection of Children from Sexual Offences Act, 2012, Section 5(G)(L), 6 -- Bail - Kidnapping and rape - Accused is in custody since 2.11.2023 - He is not involved in any other case - Trial is likely to take its own considerable time - No useful purpose..........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 302, 307 -- Cross-examination deferred - Defence should be asked to cross examine the witness the same day or the following day - Only in very exceptional cases, and for reasons to be recorded, the cross examination should be deferred and a short adjournment can be given after taking precautions and care for..........
