Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appeal against conviction - In an appeal preferred by accused person sentence cannot be enhanced...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 406, Supreme Court Rules, 2013, Order 39, Rule 1 -- Transfer of case filed u/s 12 of Act of 2005 - Transfer of proceedings at this stage may ultimately affect the parties and their pending litigations - Transfer petitions being bereft of merit, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Accused is voluntarily ready to pay amount of Rs.3.30 lakhs to complainant - Sentence of accused suspended till final disposal of revision...........
Criminal Procedure Code, 1973, Section 188, 189 -- Offence committed outside India - Offences alleged to have been committed beyond territory of India by an Indian citizen could be investigated into and also tried in India as per Ss.188, 189 Cr.P.C...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge can be altered at any time even after the case is reserved for judgment...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 7 of POCSO Act - Victim speaks of touching by accused at inappropriate places of her body - Charge u/s 7 of POCSO Act thus, rightly added...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 60, Criminal Procedure Code, 1973, Section 439 -- Recovery of 201 kg Ganja - Bail - Sampling done contrary to standing Order/Instruction No.1 of 1989 dated 13.06.1989, which is mandatory in nature - Chances of conviction are weak on basis of sampling of contraband - Bail granted to accused with..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 65B -- Recall of witnesses - To prove certificate u/s 65-B of Evidence Act - CDs have already been supplied to accused - Only certificates u/s 65-B of Evidence Act have been allowed to be produced to prove - Accused is not prejudiced in any manner by producing certificates in respect of electronic..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
