Ranbir Penal Code, 1989, Section 499 -- Defamation - Quashing of complaint - Accused in the capacity as Senior Office bearer has reported allotment of various construction contracts by Works Minister claimed by complainant to be referring to him without tenders or following procedure of Rules and regulations - Expression good faith and public good appearing in S.499..........
Ranbir Penal Code, 1989, Section 341, 383 -- Offence u/ss 341, 383 RPC - Quashing of FIR - Compromise - Parties have settled their dispute amicably out of their own free will and without any external pressure or coercion - Offence in question does not fall within offences of heinous nature of mental depravity - Even complainant has no objection if FIR is quashed - FIR..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Ranbir Penal Code, 1989, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appreciation of evidence - Delay of 4 days in lodging of FIR - There are contradictory statements regarding post-mortem report in statements of witnesses recorded u/s 161 Cr.P.C. - Even, duty personnels who were on duty at wireless headquarters have not been cited as..........
Ranbir Penal Code, 1989, Section 304A -- Medical negligence - Simple lack of care, error of judgment or accident - Cannot form a proof of negligence on part of medical professional...........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 304A -- Quashing of proceedings - Offence u/s 304A RPC - As per allegations, complications arose in health of deceased during post operative period which led to death of deceased - However, Committee of experts on two separate occasions opined that deceased was managed by accused as per prescribed..........
Ranbir Penal Code, 1989, Section 279, 304A, 337 -- Rash and negligent driving - Merely because accident has taken place negligence or rashness cannot be inferred...........
Ranbir Penal Code, 1989, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Appeal against acquittal - As per statement of PW, it is evident that death of deceased and injuries to injured were not immediate consequences of negligence of accused - Even, all PWs are of different opinion of incident - Prosecution failed to prove its case - Accused rightly..........
Ranbir Penal Code, 1989, Section 366, 375, 376 -- Rape and abduction - No evidence on record that prosecutrix resisted during her rape - Even, police not seized any material supporting occurrence of rape from hotel room - Medical evidence proved prosecutrix to be more than 19 years of age and capable of understanding consequences of said act - Hence, prosecutrix was..........
Criminal Procedure Code, 1973, Section 439, Ranbir Penal Code, 1989, Section 376 -- Bail - Rape - Subsequently nikahnama signed between parties and assurance given by petitioner to maintain and support prosecutrix/wife and child in her womb therefore, continued detention of petitioner would not subserve interest of justice - Bail granted...........