Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - Investigating Officer did not narrate the exact words spoken by accused at the time of making disclosure statement - He also did not state that accused led him to place where articles were hidden and rather stated that..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder - No weapon of assault has been recovered from accused - Only basis to implicate accused is suspicion on account of alleged reclaiming of land by informant from accused about three years back - Mere apprehension..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
