Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of evidence of prosecutrix is, not in all cases, a negative to be accounted for in prosecution case...........
Indian Penal Code, 1860, Section 376 -- Rape - Finding of injury on the genital organ of the accused being possible only due to forceful intercourse with a minor female, leads to a circumstance pointing to the accused having committed the offense against `V' - Appeal allowed...........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - A person made party U.O.22.R.4 CPC though is entitled to make any defence but such defence should be appropriate to his character as legal representative of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
