Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Stranger/neighbor cannot be drawn into proceedings for offence u/s 498-A IPC between husband, wife or family members...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against stranger/neighbour that she instigated husband to torture wife - Petitioner would not fit into definition of family u/s 498-A IPC - Permitting further proceedings against petitioner would become an abuse of process of law and result in miscarriage of justice - Proceedings qua petitioner, quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court while dealing with prayer for grant of bail has to consider gravity of offence, which has to be ascertained in facts and circumstances of each case - One of circumstances to consider gravity of offences is also the term of sentence i.e., prescribed for offence accused is alleged to have committed...........
