Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused when he was questioned u/s 313(1)(b) Cr.P.C, is only ipse dixit of accused - PW1 was not confronted with specific allegations as was projected while replying at the time of questioning u/s 313(1)(b) Cr.P.C - There was thus, no occasion for PW1 to answer the allegations that was..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Two ingredients to be satisfied : (1) The offender has sung, recited or uttered any obscene song or word in or near any public place and (2) has so caused annoyance to others...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Consulting room of doctor in a Hospital - Not a public place or near public place to attract offence u/s 294(b) IPC...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Words allegedly uttered by accused not aroused sexually impure thoughts in the mind of the hearers - Basic ingredients of S.294(b) IPC are not attracted - Proceedings quashed...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - S.19(b) of the Act does not permit vendor to unilaterally terminate prior agreement of sale and to alienate property and thus, purchaser cannot be made to suffer on this account for no fault of his...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Indian Penal Code, 1860, Section 304B, 302 -- Conviction u/s 304-B - Conviction of accused u/s 302 IPC on basis of circumstantial evidence - When offence u/s 304-B IPC is proved by prosecution beyond reasonable doubt then trial Court is not required to enter the arena of offence u/s 302 IPC - Conviction u/s 302 IPC set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Education -- New B.Ed colleges - Decision of Government not to recommend further recognition to new B.Ed colleges on need basis cannot be said to be arbitrary - Order of High Court holding that decision of State government is arbitrary set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
