Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Agreement to sell -- Specific performance - One of witnesses was an accused in a criminal case - Scribe was an Advocate for said witness - Held, agreement for sale which was otherwise established cannot be rejected - Suit rightly decreed...........
Indian Penal Code, 1860, Section 323, 325, Criminal Procedure Code, 1973, Section 227 -- Offence u/s 323 & 325 IPC - Application for discharge - Original record of criminal Case which is pending against accused has been weeded and also not available in the office of APP and police station - Held, complainant or police being a prosecuting agency is not able to furnish the..........
Criminal Procedure Code, 1973, Section 360, 361 -- Probation of good conduct - Offence u/s 304-A IPC - It is not necessary that in all cases falling u/s 304-A IPC, convict must be released on probation - It is only that principles laid down in Ss.360 & 361 Cr.P.C and Probation of Offenders Act should not be disregarded but should be followed and an appropriate decision,..........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 6, 4, 3 -- Quantum of sentence - It is imperative for the judge to strike a fine balance between releasing a convict after admonition or on probation or putting such a convict in jail - This can be decided only on a case by case basis but principle of rehabilitation and humanizing..........
Criminal Procedure Code, 1973, Section 156 -- Police officer who registers crime should not investigate the case as investigation thus made cannot be said to be fair and impartial which causes serious prejudice to accused - Investigation made by same police officer who registered crime - Entire proceedings including conviction followed by sentence vitiated - Accused..........
Criminal Procedure Code, 1973, Section 311 -- Re-call of witness - Validity - Re-call of witness for examination after about 22 years from date of incident who had already been examined and re-examined - Held, re-examination does not prevent further re-call - S.311 Cr.P.C. does not put any such limitation on Court - He can still be re-called if his evidence appears to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Criminal Procedure Code, 1973, Section 311 -- Re-call of witness - Validity - Re-call of witness for examination after about 22 years from date of incident who had already been examined and re-examined - Held, re-examination does not prevent further re-call - S.311 Cr.P.C. does not put any such limitation on Court - He can still be re-called if his evidence appears to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
