Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 420, 511, 468, 471 -- Probation - Offence u/ss 420, 511, 468, 471 IPC - Accused had undergone trauma of criminal trial for last so many years - He has no criminal antecedents - None of offences in which accused was convicted, entail the punishment of death or imprisonment of life - Benefit of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
