Indian Penal Code, 1860, Section 382, Criminal Procedure Code, 1973, Section 482 -- Hypothecated vehicle - Bank forcibly taking possession - Default in payment of installments - Use of force is not permissible under Hire Purchase agreement and finance company has to follow due process of law to repossess the vehicle - Moreover, whether force was used or not by recovery..........
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Delay in lodging FIR - Complainant stated that delay caused due to the threats given by accused to complainant and others against reporting the matter to police - Lodging of FIR instantaneously about commission of offence takes a back seat specifically..........
Criminal Procedure Code, 1973, Section 218 -- Separate charges for distinct offences - Offences u/ss 354 & 376 IPC - Offence punishable u/s 354 IPC is quite different from the offence u/s 376 IPC - If the allegations against accused discloses an offence punishable u/s 354 IPC followed by an offence punishable u/s 376 IPC, he must be charged for both offences and if charges..........
Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 70 -- Abatement of appeal - Death of appellant - In case of an appeal against composite sentence of imprisonment and fine the near relatives of appellant would be entitled to challenge the fine also...........
Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 70 -- Abatement of appeal - If appeal abates it would have the effect of judgment and conviction and sentence thereunder passed by Trial Court being in force - So long as the sentence of fine is not set aside, right of State to realise the fine amount in the manner provided in S.70 of IPC would..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
Indian Penal Code, 1860, Section 323, 325, Criminal Procedure Code, 1973, Section 227 -- Offence u/s 323 & 325 IPC - Application for discharge - Original record of criminal Case which is pending against accused has been weeded and also not available in the office of APP and police station - Held, complainant or police being a prosecuting agency is not able to furnish the..........
Criminal Procedure Code, 1973, Section 360, 361 -- Probation of good conduct - Offence u/s 304-A IPC - It is not necessary that in all cases falling u/s 304-A IPC, convict must be released on probation - It is only that principles laid down in Ss.360 & 361 Cr.P.C and Probation of Offenders Act should not be disregarded but should be followed and an appropriate decision,..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of..........
