Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of 90 days - Day on which accused was remanded to judicial custody should be excluded and the day on which challan is filed in the Court, should be included...........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Court is required to record reasons for accepting or not accepting the grounds urged by petitioner to discharge him...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 of N.I Act and prosecution u/s 420 IPC - Both can run simultaneously against accused, as both offences are independent offences...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen evidence - Burden of proof - Appellant was last seen dragging deceased to his house - In view of S.106 of Evidence Act, burden is on appellant to prove as to how incident occurred at his residence - However, he has miserably failed to discharge the onus - Conduct of appellant..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues already framed fully demonstrate that there is no necessity to frame additional issues - Application to frame additional issues cannot be entertained - Application dismissed...........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning by pouring kerosene oil - Absence of smell of kerosene in the body of deceased - Deceased was immediately brought to hospital barely within a few hours of incident and if kerosene was involved then smell of kerosene ought to have been there - Even doctor who examined deceased immediately after the incident,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declarations - Deceased had given two statements which are totally different from her subsequent statements including statement made before Magistrate which is considered a dying declaration based on which appellant has been convicted - Where deceased has been changing her stance and has..........
