Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Compensation - Liability of insurance company - Incident occurred while a tractor which was insured with appellant was attached to a trailer and on the trailer a person was present who due to an unfortunate accident, fell off the trailer which was being pulled by/attached to the tractor, resulting in the death of..........
Bharatiya Nyaya Sanhita, 2023, Section 80, 85, Dowry Prohibition Act, 1961, Section 3, 4, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/ss.80, 85 BNS and 3, 4 DP Act - Anticipatory Bail - As per the postmortem report on record, deceased died of asphyxia due to ante-mortem hanging and further, no other injury marks were found on any other part of the..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail of petitioner cancelled due to his non-appearance, as he was out of station for some urgent work - Non-bailable warrants were also issued against petitioner - Since petitioner is keen to join proceedings, order of cancellation of bail set aside with cost of Rs.10,000/-...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Higher proof of instigation is required where a person is emotionally or mentally vulnerable due to depression and other psychiatric problems - Every case of suicide does not amount to abetment and therefore Court has to see whether conduct of accused was such that a normal person, not merely a hyper sensitive..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Complainant failed in offering himself for cross-examination - Justification expressed by complainant that due to oversight of counsel representing him, he could not offer himself, appears to be convincing - One effective opportunity thus, granted to complainant for..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once competent authority, after due application of mind to material submitted by investigating agency, declines to grant sanction, embargo u/s 19(1) of the Act becomes operative and bars Court from taking cognizance of offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
