Indian Penal Code, 1860, Section 363 -- Kidnapping - Allegation that accused after snatching gold necklace of victim kidnapped her - No evidence on record that accused kidnapped the victim with an intention to marry her - Victim stated that she was raped against her will multiple times for seven days - However, no evidence on record that victim had at any time during said..........
Criminal Procedure Code, 1973, Section 439(2), 436 -- Cancellation of bail - Bail granted u/s 436 Cr.P.C. can only be cancelled u/s 439(2) Cr.P.C. which mandates that bail can be cancelled either by High Court or Court of Sessions - Order cancelling bail passed by Magistrate, set aside...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while rejecting anticipatory bail granted interim protection to accused for a period of two months and directed that no coercive steps be taken against accused for a period of two months - Self contradictory orders were passed by High Court - Order to the extent of directing no coercive steps..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - It is incumbent for Appellate Court to set aside judgment and decree passed by trial Court on merits and conclude by giving adequate reason for necessity of retrial of suit...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 23A -- Remand - Court has neither set aside judgment of trial Court on merits nor it has recorded the reasons for which trial is considered necessary - Judgment of first appellate Court set aside - First appellate Court to decide the appeals afresh after hearing parties...........
Employee's Compensation Act, 1923, Section 4 -- Accident - Permanent disability - Compensation - Appellant was a loading and unloading labourer at the time of accident - She was unfit for labour inasmuch as there was complete loss of grip in appellant's left hand - No material on record that appellant was skilled to perform any kind of job by use of one hand - Board had..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Testimony of PW3, PW6 and PW15 - Neither PW3 nor PW6 identify any of accused - They did not depose that three policeman involved in the crime were those who were facing trial - Testimony of PW3 and PW6 is not of much help to prosecution case - As regarding testimony of PW15,..........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Reasons for allowing maximum compensation of 20% not given - Without there being any reason to award maximum compensation, order cannot be considered to be passed after due application of mind - Impugned order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix on her own accord and free will went away with accused in absence of her parents - She traveled with accused through public transport and remained with accused for a period of 40 days without raising any alarm which shows that she was a consenting party - Conviction and sentence set aside -..........
