Criminal
NIA S. 138 – Does not speak about the joint liability
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – c - Section 138 does not speak about the...
Read moreMIA S. 141 – Relates to the offence by companies and it cannot be made applicable to the individuals.
Negotiable Instruments Act, 1881 (26 of 1881), Section 141 – Relates to the offence by companies and it cannot be...
Read moreNIA S. 138, 141 – “Other association of individuals’ – Two private individuals cannot be said to be “other association of individuals”
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – “Other association of individuals’ - Two private individuals cannot...
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NIA S. 138 – A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory to the cheque
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 –A person might have been jointly liable to pay the...
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NIA S. 118- Pronote – As per Section 118 there is a presumption of consideration in the negotiable instrument [SC]
Negotiable Instruments Act, 1881 S. 118 – Pronote - As per the Section 118 there is a presumption of consideration...
Read moreCr.P.C., S. 436A – Undergone more than half of the period of maximum imprisonment, which would be imposed upon him by way of penalty – Falls within sub-section (1) of Section 436A – Seriousness of the accusation cannot deny the benefit flowing from the said section – Applicant deserves his release on bail. [Bom.]
Cr.P.C., S. 436A - Undergone more than half of the period of maximum imprisonment, which would be imposed upon him...
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CrPC S. 173 – Bail – Cancellation of – Parity with co-accused – The length or the period of custody of any of the co-accused persons has hardly any bearing .
2022 SCeJ 1117 Supreme Court of India Before: Justice Dinesh Maheshwari, Justice Bela M. Trivedi. AMINUDDIN V. STATE OF UTTAR...
Read more[SC] CrPC S. 125 – Husband being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child.
CrPC, Section 125 - Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...
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CrPC S. 227 – IPC S. 302 – Allegation not substantiated by any material or oral/documentary evidence – Appellant discharged
Criminal Procedure Code, 1973, Section 227 - Penal Code, 1860, Sections 302, 120B - Discharge - Charge relating to conspiracy...
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CrPC S. 125 – Right of husband to cross-examine the witnesses of the wife was closed, as he had failed to appear before the Family Court despite the issuance of warrants, clearly established that he had no regards for his own family nor had any regards for the Court or for the law – Allegations made by the wife in her evidence before the Court had remained unchallenged and, therefore, there was no reason for the Family Court to disbelieve her version.
CrPC, Section 125 – Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...
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CrPC S. 227 – Destruction of evidence
Criminal Procedure Code, 1973, S. 227 - Destruction of evidence - Allegation not substantiated by any material or oral/documentary evidence...
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Cr.P.C. , 1973 – S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final order in the proceeding under Section 125 Cr.P.C. does not become functus officio –
Cr.P.C. , 1973 - S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final...
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CrPC. S. 125 – Application by wife for recalling of settlement order and revival of maintenance proceedings on failure of husband to pay maintenance as per settled terms – Maintainable.
Cr.P.C. , 1973, S. 125 - Application by wife for recalling of settlement order and revival of maintenance proceedings on...
Read moreBail – Cancellation – Non bailable warrants –
Bail – cancellation – Non bailable warrants - Learned counsel for the petitioner has already submitted that the petitioner has...
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