Criminal Procedure Code, 1973, Section 439, 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Bail - Sexual assault - Tutoring a victim at the hands of parents, especially when victim is a child, cannot be ignored even while considering an application for regular bail or pre-arrest bail...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once reasonable ground/objection is taken by accused regarding non-existence of liability or issuance of cheque in discharge of legally enforceable debt, burden falls upon complainant to establish pre-requisite for attracting offence u/s 138 of the Act...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Evidence Act, 1872, Section 65 -- Secondary evidence - There is no specific provision for filing an application to seek permission to lead secondary evidence - However, party seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........
Criminal Procedure Code, 1973, Section 438 -- Transit anticipatory bail - Commercial transaction ensued between accused and complainant and there are criminal cases lodged by parties against each other - It is thus, a fit case where accused should get privilege of transit pre-arrest bail - Transit anticipatory bail granted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Civil Procedure Code, 1908, Section 34 -- Pre-litigation interest - Interest prior to suit is a matter of substantive law and is outside the scope of S.34 CPC - Pre-litigation interest shall be adjudicated based on agreement between parties subject to application of S.23 of Contract Act and other provisions governing the field...........
