Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession as well as damages and mesne profit - Possession of suit property was received by defendant in pursuance of a warrant of possession issued by trial Court - Issue regarding quantum of compensation is inter-linked with the fact as to when possession was with original plaintiff and when it reverted back to..........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance order - Enforcement - Limitation of one year - Applicable only in case of issuance of warrant for recovery - Limitation of one year does not create a fetter on the right to claim enforcement u/s 128 of the Code...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation u/s 82 Cr.P.C - Issuance of non-bailable warrant is necessary before issuance of proclamation u/s 82 Cr.P.C...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable warrant (NBW) and proclamation u/s 82 Cr.P.C - Application u/s 82 Cr.P.C moved by I.O - Application should be supported by an affidavit of I.O stating reasons why NBW and proclamation u/s 82 Cr.P.C is required, as issue relates to personal liberty of a person guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Enforcement of order passed u/s 12 of the Act - Parties have to file an application before jurisdictional Magistrate for enforcement of order passed u/s 12 of the Act and Magistrate may for every breach of the order, issue a warrant for levying the amount due in the manner provided..........