Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Outraging the modesty of woman - Prosecutrix was only 14 years and 8 months old on the date of incident - Accused pulled the clothes of prosecutrix and put his hand on her shoulder - Conduct of accused clearly signifies his sexual instinct - Mere existence of a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B) -- Recovery of 3 kgs Ganja - Quantum of sentence - Quantity of 3 kgs Ganja is not commercial quantity - There is no minimum punishment when quantity of Ganja is lesser than commercial quantity - However, when quantity of Ganja is lesser than commercial quantity than subjecting the accused to..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Seeking formal permission from Court to make further investigation and to inform Court is desirable not mandatory - There cannot be any fetter on power of police to further investigate u/s 173(8) of Cr.P.C...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents in question were very much available with defendants at the time of filing of written statement, but they did not file the same and they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government but no material is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A replication is not a part of pleadings unless Court grants leave to present it, subject to such terms as it considers fit...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents which have already been placed on record with written statement - No new document is sought to be brought on record by filing application U.O.8.R.1(3) CPC and thus, no prejudice is caused to plaintiffs in such circumstances - Application allowed...........
