Indian Penal Code, 1860, Section 302, 201 -- Murder - PW7 turned hostile - Alleged recovery of incriminating material recovered at the instance of accused rejected by trial Court - As regarding extra judicial confession made by PW4, same being weak piece of evidence, cannot be relied upon unless there is some corroboration - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Application u/s 14 of the Act - Powers of District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) - DM/CMM is not a persona designata for purposes of S.14 of the Act - Powers exercised by DM/CMM is a ministerial act - While disposing of application u/s..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Expression District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) as appearing in S.14 of the Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for purposes of S.14 of the Act - Additional..........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b), Medical Termination of Pregnancy Rules, 2003, Rule 3B -- Termination of pregnancy - Petitioner moved High Court before she had completed 24 weeks of pregnancy - Delay in the judicial process cannot work to her prejudice...........
National Green Tribunal Act, 2010, Section 4(4)(c) -- Establishment of Tribunal - Single member Bench could not have passed an order in view of S.4(4)(c) proviso of the Act which states that number of expert members hearing appeal or application shall be equal to number of judicial members, mandating that there shall be at least one expert member on Bench...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind by Magistrate and without satisfying himself as to which offence were prima facie being made out against accused on basis of allegations made by complainant is objectionable and deserves to be..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Evidence Act, 1872, Section 26 -- Confession - Recorded before Executive Magistrate - Not admissible as same ought to have been recorded before Judicial Magistrate...........
Agreement to sell -- Specific performance - Agreement to sell scribed on three non-judicial stamp papers having no inter se connection between the first leaf and the second and third leaf - Two stamp papers purchased from a place other than the place where property in dispute is situated - Moreover there is no explanation who is the person in whose name two stamp papers..........
