Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Criminal Procedure Code, 1973, Section 186, 154 -- Multiple FIRs - Same offence - Principle underlying S.186 Cr.P.C can be applied at pre-charge sheet stage, that is post registration of FIR but before charge sheet is submitted to Magistrate - In such cases, ordinarily first FIR which is registered first in point of time, should be treated as main FIR and others as..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Rajasthan Pre-emption Act, 1966, Section 9, 21, Limitation Act, 1963, Article 97 -- Right of pre-emption - Cannot be enforced for an indefinite number of transactions - It is only exercisable for first time when cause of such a right arises in a situation where plaintiff pre-emptor chooses to waive such right after Rajasthan Pre-emption Act becoming operational - S.9 of..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/s 304(Part II), 323 IPC - Complaint is lodged by independent person/doctor through cryptic telephonic message - Said complaint is not concocted one - Version of injured eye witness in wholly corroborated by medical evidence on record - Incident occurred on spur of moment and without pre-meditation - Deceased..........
Insurance -- Life Insurance - Repudiation - Pre existing ailment - Fact in knowledge of insurer not disclosed in the proposal form - It is a ground for repudiation of policy...........
Consumer Protection Act, 1986, Section 12 -- Life insurance - Death claim - Repudiation - Non-disclosure of serious pre-existing ailment - Deceased was suffering from a serious pre-existing medical condition which was not disclosed to insurer - In fact deceased was hospitalized to undergo treatment for such condition in proximity to date of his death and same was also not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Land dispute between brothers - Manner of occurrence and how incident was trigged not brought out in evidence of PWs - Accused assaulted his mother upon a quarrel - Pre-mediation on part of accused not established - Prosecution failed to establish genesis of occurrence, it has remained in realm of..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Criminal Procedure Code, 1973, Section 432, 433A -- Pre-mature release - Length of sentence or gravity of crime cannot be sole basis for refusing premature release...........
