Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence would be highly incriminating and it would be for accused to explain what happened after he was seen last in the company of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death prior to 7 years of marriage - However, prosecution failed to prove the fact that deceased was subjected to cruelty for demand of dowry - Trial Court committed error in convicting the appellants on the basis of dying declarations of deceased - Appellants acquitted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
