Criminal Procedure Code, 1973, Section 439 -- Interim bail - Murder - Plea of juvenility - Age of petitioner recorded by trial Court as 16 years and odd - Petitioner in actual custody of excess of three years, which is the maximum for a juvenile - Petitioner released on interim bail on such terms and conditions as may be imposed by Sessions Court - Sessions Court directed..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - FIR u/s 174-A IPC was registered in view of fact that accused was declared as proclaimed offender in proceeding u/s 138 of N.I. Act - Once main case u/s 138 of N.I Act was dismissed for want of prosecution,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law means not only `substantial question of law' of general importance but also a substantial question of law arising in a case as between parties...........
Evidence Act, 1872, Section 8 -- Motive - Murder case - There is no absolute legal proposition of law that in absence of any motive, accused cannot be convicted u/s 302 IPC - Effect of absence of motive would depend on facts of each case...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Mere fact that investigation of case was not conducted by competent authority, such investigation and even filing of charge sheet may not be declared as nullity in the eyes of law in as much as such investigation was completed after recording statement of relevant witnesses and charge sheet was filed, more..........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Even if petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that statements would be voluntary - So even if Court permits petitioner to undergo a Narco Analysis Test, it has no acceptability in the eye of law...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - To explain the contents of judgment - Not known to law - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A reply statement or a subsequent pleading can be introduced only to place on record a new fact or explanation to certain pleadings in the written statement or in the plaint which had already been filed - Reply statement to explain contents of judgment is not known to law - Dismissal of application calls for no..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
