Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Non-joining of independent witness - There is no provision of law which requires presence of an independent witness at the time of search of a suspect - Case of prosecution cannot be discarded merely on score that no independent witness was joined at the time of recovery...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Delay in lodging FIR - Gang rape - FIR lodged after delay of 14 days - Incident was narrated to police and panchayat members - However, none of said functionaries considered it necessary to forthwith set law into motion - Only medical officers noted incident of gang rape in hospital..........
Will -- Probate - Will executed by testatrix in favour of her daughter-in-law - None has appeared to contest the case even after publication in two daily newspapers - Attesting witnesses of Will who happened to be sons of testatrix proved the Will in accordance with law - Genuineness of Will not disputed - Will proved - Probate of Will thus, issued in favour of sole..........
Judicial service -- Compulsory retirement - Law as to: (i) order directing compulsory retirement of judicial officer is not punitive in nature and has no civil consequences; (ii) while considering case of a judicial officer for compulsory retirement entire record of judicial officer should be taken into consideration, though latter and more contemporaneous record must be..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Anticipatory bail - SIT came to a conclusion that no such incident of alleged molestation had taken place and according police prepared cancellation report - Present petition is thus rendered infructuous - Police authorities are at liberty to proceed against prosecutrix for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323 -- Quashing of FIR - Rape - False promise of marriage - Prosecutrix was having a living spouse and her divorce with her husband has not taken place - She was well aware of fact that her marriage with accused during subsistence of her first marriage, is not permissible under law - During..........
Kerala Civil Services (Vigilance Tribunal) Rules, 1960, Rule 4, Constitution of India, 1950, Article 14 -- Petitioners contended that R.4 of Vigilance Tribunal Rules gives Government unbridled power to select cases registered under PC Act and to refer some of them to the Tribunal so as to save their favorites from the clutches of law - State Government shall have no..........
