Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132(1), (c), (f), (h) -- Bail - Offence u/s 132(1), (c), (f), (h) of Central Goods and Services Tax Act - Appellant is in custody for a period of almost 7 months - Case is triable by a Court of a judicial Magistrate - Sentence is limited and prosecution is based on documentary..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Documents on record shows existence of vegetable shop on road margin from 1979 onwards and it is in possession of plaintiff - Case of plaintiff does not rest only on evidence of DW2 who corroborated the evidence of plaintiff - Evidence of plaintiff, defendant and advocate commissioner's report in detail with..........
Custody of child -- Writ of habeas corpus - Wherever it is a disputed question of fact which needs elaborate leading and consideration of evidence and other provisions, it would be a proper course for a parent to exercise his right by approaching appropriate Court under Guardians and Wards Act, rather than pursuing the remedy under habeas corpus petition - Writ petition..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - No evidence produced by husband to prove element of desertion showing that wife has left her matrimonial house - Ground of desertion not proved - Divorce petition rightly dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand has been proved without a doubt - Evidence of seizure witness had been found creditworthy as his version in-chief was not shaken after thorough cross-examination - His evidence need not be discarded merely because he was related to complainant - Even..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Evidence Act, 1872, Section 118 -- Minor is also a competent witness...........
