Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, 109, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Wrong legal advice - Criminal liability - Bank disbursing loan to some person on legal advice of Advocate, that proved to be wrong later on - Prosecution of Advocate who was not named in FIR - No..........
Indian Penal Code, 1860, Section 109 -- Abetment - Evidence of exhortation is in the very nature of things a weak piece of evidence and there is often quite a tendency to implicate some person in addition to the actual assailant by attributing to that person an exhortation to the assailant to assault the victim - Unless the evidence in this respect is clear, cogent and..........
Indian Penal Code, 1860, Section 109 -- Abetment - If prosecution proves that accused was present at the place of occurrence and had exhorted to shoot at the deceased and in case he wants the Court to reject the prosecution version as not probable then burden is on him to lead evidence that he was not at the spot and did not exhort to shoot at the deceased - In the instant..........
Indian Penal Code, 1860, Section 302,109,118 -- Declaration in speech that political opponents of his party were finished off after preparing a list naming them - Held, spell out a sinister design to annihilate political opponents which discloses sufficient ground to suspect culpability for commission of cognizable offence...........
Indian Penal Code, 1860, Section 304A,279,109 -- Rash and negligent driving - Driving of vehicle without valid driving licence - Prosecution of driver u/ss 304-A, 279 and prosecution of owner u/s 109 IPC - Owner of the offending vehicle cannot be prosecuted u/s 109 IPC when no overt act or specific part is attributed to him - FIR and subsequent proceedings against owner..........
Indian Penal Code, 1860, Section 109 -- Abetment - A person can only be held liable for the commission of offence for abetment, if there is cogent evidence that he actually abetted the commission of the offence and his act was having direct connection and relatable to the main offence and not otherwise...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109 -- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20, Indian Penal Code, 1860, Section 109 -- Demand and acceptance of illegal gratification - Accused A1, a Crime Inspector convicted for demanding and accepting illegal gratification from complainant - Accused A2, a Police constable-cum-Driver of the police jeep, convicted for abetting the offence -..........
Indian Penal Code, 1860, Section 302, 109, 120B, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Circumstantial evidence - Accused persons committing murder of deceased out of jealousy and revenge due to alleged love triangle between accused, deceased and wife of deceased before their marriage - If evidence of eye witnesses is acceptable wholly, then..........
Indian Penal Code, 1860, Section 420, 494, 109, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Wife performed second marriage with co-accused during life time of her first husband without getting divorce - FIR lodged against wife and relatives of her second husband - Relatives seeking quashing of FIR - It cannot be presumed that relatives had by..........
