Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Past conduct of appellant after registration of present crime was pointed out in detail as well as his criminal antecedents with proof - Bail applications of three main accused had been rejected by another Sessions Judge - There was a wrongful loss of about Rs.169 crores to MC which was also brought to..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Relevant fact - Testimony of witness sufficiently proved on record that accused absconded after stabbing deceased - Thereafter, accused remained absent for almost a period of ten days - Held, u/s 8 of Evidence Act, 1872, conduct of accused influenced by a fact in issue, is itself a relevant fact - Thus conduct of..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Even when factum of seizure is not admissible u/s 27 of Evidence Act, still it is relevant u/s 8 as conduct of accused...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Vicarious liability of Directors - Mere bald averments in the complaint that accused persons were incharge and responsible for the conduct of day to day business of the company is not sufficient to hold them vicariously liable - It is incumbent upon complainant to specifically spell..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Imprisonment and fine - Court can impose fine only without imposing sentence of imprisonment - Court can reduce the period of imprisonment depending upon the nature of transaction, bona fides of the accused, the contumacy of his conduct, the period for which the prosecution goes on, the amount of the..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Accused acquitted as : (i) Unnatural conduct of PW1 not only casts a doubt upon his statement but also renders investigation and timings as recorded in case diary highly doubtful; (ii) Glaring inconsistencies in the statements of fact witnesses; (iii) Motive alleged does not sound logical; (iv) Prosecution version..........
Indian Penal Code, 1860, Section 302, 457, 380, Evidence Act, 1872, Section 8, 106 -- Murder - Circumstantial evidence - Conduct of accused - Deceased left the house accompanied by accused and accused came back alone after 4 hours - It was within his exclusive knowledge as to what happened to deceased but he failed to give any explanation for his conduct - PW 10 who lives..........
, Section 306 - - Suicide - Extra marital relationship of husband - Nothing brought out by prosecution to show that accused had provoked, incited or induced wife to commit suicide - Extra marital relationship was not of such a nature which under normal circumstances would drive one to commit suicide or that husband by his conduct or otherwise ever abetted or intended to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Directors - Pleading - Averments in complaint that accused Nos.2 to 7 are Managing Director/Directors or authorized signatories and responsible persons for day to day act, conduct and affairs of the business as well as the liabilities of the company - Held, it prima facie..........
Indian Penal Code, 1860, Section 498A - - Accused acquitted of offence u/s 306 IPC - Accused cannot be held to be guilty of wilful conduct likely to drive wife to suicide...........
