Criminal Procedure Code, 1973, Section 91 -- Call details - More than two years elapsed whereas call details get deleted after 365 days - It can safely be presumed that by now call details must have been deleted from the database of the service provider - Rejection of application calls for no interference...........
Land Acquisition Act, 1894, Section 41, 44A, Land Acquisition (Companies) Rules, 1963, Rule 5(2) -- Acquisition of land - Recovery of enhanced compensation - Acquired land sold in private sale - Resumption notice - Acquired land allotted to company to set up manufacture of sheet glass or such other products approved by appellant State - Conveyance deed between State and..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Age of prosecutrix - School certificate of prosecutrix not proved - X-ray report is not sufficient to prove age of prosecutrix in absence of examination of doctor - Prosecution totally failed to prove beyond reasonable doubt that prosecutrix was less than 16 years of age at the time of incident - High Court,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of Act merely raises a presumption in favour of holder of a cheque that the same has been issued for discharge of any debt or other liability - Existence of legally recoverable debt is not presumed u/s 139 of Act...........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Previous enmity - Accused persons armed with weapons went to complainant's place and caused injuries to complainant party, which shows their intention to commit murder - Moreover, when gun is used and person who fires the gun must be presumed to have knowledge and intention that..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
Contempt of Courts Act, 1971, Section 2(c), 12 -- Criminal Contempt - Filing of false affidavit - No intention of deponent to mislead Court or file a false affidavit with regard to name of detenu as it was based on record of prosecution - Mere presumption of a false affidavit without investigating the facts, just because a woman charged under Immoral Trafficking Act, who..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act of committing cheating - Subsequent conduct of accused is also a relevant factor to infer whether he had fraudulent or dishonest intention at the inception i.e. when offence was committed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 54, 35 -- Contraband - Appeal against conviction - Recovery of 2.5 kg of charas - Person in possession of illicit articles is presumed to have committed the offence in case he fails to account for possession satisfactorily - Possession is a mental state and it includes knowledge of fact - Once..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 34 -- Bail - Offence u/ss 307, 323, 34 IPC - Investigation complete and challan filed - Injured already stood discharged from hospital - Trial will be concluded in due course of time - Accused is presumed to be innocent till proven guilty by competent Court of law - Court is of the..........
