Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - PW3 and PW4 both stated that accused was apprehended at the spot but no quarrel had taken place in their presence and PW2 stated that accused fled away from spot after being caught - These facts also create a doubt in the prosecution case because, firstly, if occurrence has taken place as..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Coparcenary property - For claim of equal share in ancestral property as per Amendment Act of 2005, coparcener property must be in existence on the date of amendment i.e 9.9.2005...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Where a victim is a lady already married and having two children and she is continuing her earlier marriage relationship without being divorced, as volunteered by her, promise of marriage by accused is an outright impossibility - Even the question of misconception also does not arise - Proceedings..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Prima facie opinion is to be formed by Court while deciding a bail application - However, it is not binding on trial Court at the time of final hearing nor it is binding on I.O. debarring the collection of further investigation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Occurrence took place in 2006 whereas appellant was identified in the Court for the first time in 2013 i.e. after more than 7 years of occurrence - It is highly unlikely that PW10 was able to identify the appellant after so many years - Therefore, identification is not sufficient to establish..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical examination of victim - Non-allowance of medical examination by victim raises negative inferences against them...........
