Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254, 351 -- Dishonour of cheque - Accused failed to lead evidence in defence despite availing 14 opportunities - However, in order to secure ends of justice and provide accused an opportunity of fair trial, he deserve to be granted a single window of three days to lead defence evidence..........
Indian Penal Code, 1860, Section 354B, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Offence u/s 354-B IPC and Ss.8, 12 of POCSO Act - Examination of Defence witness - Accused wants to place other FIR on record and examine its maker as a witness, as subsequently another FIR was lodged by mother of accused - It is neither a cross case that it..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel and altercation took place between accused and deceased on the issue of accused assaulting his minor children - Weapon used by accused was a natural agricultural apparatus - It is difficult to attribute any pre-meditation or intention to cause death of deceased - Accused assaulted deceased by..........
Election -- Recounting of votes - Appellant/election petitioner pleaded about serious irregularities committed by officials during counting of valid votes cast in his favour and invalid votes taken into account in favour of respondent - He also examined witnesses to substantiate that fact - Appellant substantiated the allegation made in election petition - No fault can be..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child - Wife failed to adduce even a piece of evidence to substantiate her apprehension that she may not get justice in Court where subject application for custody of child is pending - Even, wife failed to mention a single instance where Learned Judge has disclosed her biased mind or partial..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Fire arm injury - Circumstantial evidence - Accused initially stated in FIR that three intruders entered his house in order to abduct him and they shot dead his wife - However, he has not mentioned any reason or named any on suspicion of enmity or otherwise why intruders wished..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
