Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Evidence on record shows that there was no financial transaction between parties in connection with execution of exchange deed - Accused has disputed the transaction and financial capacity of complainant - He has succeeded in rebutting the presumption regarding consideration in favour..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Exchange of calls between petitioner and co-accused - Mere call details without transcript of conversation exchanged between accused persons, would not be considered to be corroborative material in absence of substantive..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Nature of offence - Incident took place in a sudden manner and there was exchange of assault from both the sides - Informant has sustained only one arrow injury and nature of injury has not been opined to be grievous in nature or likely to cause death rather injury appear to be simple in nature caused by arrow - Other..........
Custody of Child -- Exchange of child for interim or final custody - Only in unavoidable circumstances when situation so expressly warrants and to be recorded in writing that place of exchange be ordered to be court premises and in all other situations an apposite neutral place be identified and fixed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Fixation of exchange rate of currency - Deceased earning in foreign currency - Date of filing of claim petition is the proper date for fixing the rate of exchange for computing compensation - Conversion rate is therefore fixed at Rs.57 which was the prevalent figure at the time of filing the claim petition...........
Exchange deed -- Oral exchange is legally permissible...........
Registration Act, 1908, Section 17 -- Registration - Exchange deed - Possession had already been exchanged between parties and document in question was just a memorandum of exchange and was not exchange deed itself - No registration is required of said document...........
