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[SC] Economic offences – Anticipatory bail – Cancelled. [PLRonline 419506]

Banking

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

Criminal

[SC] Bail – Suspension – No rule which requires an accused to undergo sentence for a particular period before considering prayer for suspension – Court ought to have favorably considered the prayer when there were no antecedents and more than 40 % of the sentence has been undergone. [PLRonline #426780]

Constitution of India

Prevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)

Home Category Criminal CrPC

CrPC

IPC, S. 84 – Where Exception under Sec.84 is claimed

Criminal

CrPC S. 156(3) – Power to monitor police investigation

Criminal Procedure Code, 1973 (CrPC) - Section 156(3) - Section 156(3) provides for a check by the Magistrate on the...

Criminal

CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary...

Criminal

CrPC S. 125 – Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under S. 125 Cr.P.C

A Hindu Woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male,...

Ad Hoc employees termination – Replacement with other Ad Hoc employees

Criminal

CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.

Criminal Procedure Code, 1973 , Section 482 - Dismissal of an earlier 482 petition does not bar filing of subsequent...

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

Criminal

CrPC, S. 125, Wife entitled to maintenance even if she unilaterally granted divorce to her husband

Criminal Procedure Code, 1974, Section 125 - Courts below refused to grant maintenance in favour of the petitioner wife on...

Criminal

CrPC, S. 232 – Such discretion must be utilized by the Trial Courts as an obligation of best efforts

Criminal Procedure Code, 1973 (II of 1974), Section 233 Section 232, CrPC provides that, “If, after taking the evidence...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

Criminal

IPC S. 174 – Cheque bouncing – Proclaimed person

Cheque bouncing - Proclaimed person - FIR lodged under section 174A Negotiable Instruments Act, 1881 (26 of 1881), Section 138...

Criminal

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack) 2005 PLRonline 0009 PUNJAB &...

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[SC] Economic offences – Anticipatory bail – Cancelled. [PLRonline 419506]

CrPC

CrPC S. 156(3) – Power to monitor police investigation

CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

CrPC S. 125 – Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under S. 125 Cr.P.C

CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.

CrPC, S. 125, Wife entitled to maintenance even if she unilaterally granted divorce to her husband

CrPC, S. 232 – Such discretion must be utilized by the Trial Courts as an obligation of best efforts

IPC S. 174 – Cheque bouncing – Proclaimed person

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

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