Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b), 27(a), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Petitioner was granted interim bail and directed to join investigation - He has joined investigation and he is not required for custodial interrogation - Without commenting on merits of case, interim bail..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A party having a semblance of interest in the suit property could be impleaded as a party in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervener - Title suit - Respondent no.6/petitioner has been able to bring on record certain documents which had been showing her interest in the suit property claiming through their vendors - Plaintiffs made vendor of petitioner as defendant - If petitioner is a purchaser prior to institution of suit,..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Recovery of each and every money on trap would not satisfy requirement of gratification unless money was being paid for discharge of official duty pending with accused...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Twin conditions i.e. proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused public servant u/s 7 of the Act - In order to bring accused to book, prosecution has to..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because in the medical evidence, there are no major injury marks, this cannot be a reason to discard the otherwise reliable evidence of prosecutrix - It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of victim and it depends on..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
