Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 336, 148, 149, Arms Act, 1959, Section 25, 27 -- Quashing of complaint - Attempt to murder - Compromise arrived at between parties - Court satisfied that compromise had been entered into by parties voluntarily, without coercion and undue influence and genuine - Complaint and summoning order..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa) -- Additional evidence at appellate stage - Documents sought to be produced at appellate stage were predating date of recording of evidence and were within knowledge of defendants - No explanation rendered by defendants before appellate Court or before High Court to show that they by exercise of due diligence could not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Notice - Once notice is dispatched to correct address, presumption u/s 114 of Evidence Act and S.27 of General Clauses Act is that notice was served...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence should be considered and decided while hearing appeal on merits...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by speed post - Notice not received back - Notice is deemed to be served at best within a period of thirty days from the date of issuance thereof - In the instant case notice issued on 18.12.2017 - Notice is deemed to be sufficiently served upto..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of sole eye witness - Where conduct of eye witness is inconsistent with ordinary course of human nature, it would not be safe to convict accused upon uncorroborated testimony of sole eye witness - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
