Civil Procedure Code, 1908, Order 26, Rule 9, 10(2) -- Appointment of local commissioner - When the expert is appointed as commissioner by Court in a civil case at the instance of one of party, Court may issue commission to such expert for the purpose of elucidating the matter in issue, by directing him to make such investigation and to report thereon - Report of such a..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
Criminal Procedure Code, 1973, Section 311, 284, 285 -- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid delay in the matter and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 - - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise between complainant and accused when investigation was under progress - Offences in question were no, compoundable as per S.320 IPC - Said fact is not at all..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
