Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - PW2 and PW4 were declared hostile and have not seen the occurrence - There is no eye witnesses to occurrence - Contradictions in the depositions made by PWs in regard to place of occurrence and manner of occurrence as to how much blows of lathi was given to injured persons - There are discrepancies regarding..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Petitioners have undergone 77 days of incarceration on 5 different cells, either as remand prisoners or convict prisoners - Offence was committed in the year 2006 and nearly 19 years have passed by - Petitioners have been facing mental agony due to time elapsed since the theft and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While considering transfer of case in matrimonial proceedings instituted by husband, convenience of wife is to be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit land is agricultural land, so civil court has no jurisdiction - Suit filed by plaintiff is not regarding agricultural land - Plaintiff asserted that dispute is qua agreement executed between them and defendants had not complied with the terms of said agreement and without complying with..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - Provision of O.41.R.31 CPC should be reasonably construed and should be held to require the various particulars to be mentioned in the judgment only when appellant has actually raised certain points for determination by appellate Court and not when no such points are raised...........
Civil Procedure Code, 1908, Order 41, Rule 30 -- First appeal - Pronouncement of judgment - O.41.R.30 CPC does not make it incumbent on appellate Court to refer to any part of proceedings in the Court from whose decree appeal is preferred - Appellate Court can refer after hearing parties and their pleaders to any part of these proceedings to which reference be considered..........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
