Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - At the stage of considering the grant of leave u/s 378(3) Cr.P.C, a prima facie case should be looked into by High Court, but not ignoring the materials on record...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, 61, 85 -- Bail - Contraband - Recovery effected from petitioner is of 261 grams of a narcotic substance containing the sale of `Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams - Petitioner is a first..........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - PW18 had stated that he had seen accused with deceased in the evening on the day of incident - However, said evidence alone would not be sufficient to hold him guilty of alleged offence - Recovery of blade, nails and T-shirt with blood stains after two days of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an Affidavit duly sworn - Such direction issued in Priyanka Srivastava case is prospective in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Indian Penal Code, 1860, Section 143 -- Unlawful assembly - Every assembly is not an unlawful assembly vis-a-vis right to assemble u/art 19(1)(b) of Constitution...........
Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
