Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Incomplete challan was presented before trial Court, as FSL report not submitted along with challan within 180 days - No application for extension of time was filed by prosecution after lapse of 180 days - Petitioner thus, entitled to bail u/s 167(2) Cr.P.C - Bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss 22, 29 NDPS Act - Recovery of 5430 tablets of different description, 600 injections and 59 vials containing narcotic substance - Recovery has been effected from matrimonial house of the petitioner and her father-in-law is a licenced..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Several false complaints filed by wife against husband - Wife deserted husband without any reasonable cause - Husband alleges that wife is living with another person for a quite long time as her paramour - All these facts amounts to mental cruelty to husband - Divorce rightly granted..........
Consumer Protection Act, 1986, Section 12 -- Deficiency of service - Death by drowning in swimming pool at hotel - Breach of duty - Admittedly, lifeguard on duty was also functioning as bartender - Breach of duty of care lies in the fact that while hotel had made facility of swimming pool available for its guests, it ought to have assigned lifeguard who would perform his..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Illicit relationship of wife of deceased with accused - Alleged illicit relationship is not a new matter and same was to knowledge of deceased - Further, in said long duration deceased appears to have not taken any steps against accused or to ensure that illicit relationship would come to an end - Even after..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161 Cr.P.C, names of appellants or any..........
