Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
Indian Penal Code, 1860, Section 302, 85 -- Murder - Plea of intoxication - Accused was not made to drink alcohol without his knowledge - Prosecution failed to show that accused consumed liquor without knowing the same or against his will - Plea rejected - Accused rightly convicted - However, since accused was not a habitual offender and incident occurred because of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 377.8 gms heroin - Commercial quantity was recovered from beneath a courtyard within the house of petitioner - All family members residing in said house have been made accused in the case - House belonged to co-accused/father of petitioner..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney - PW1, being power of attorney of plaintiff had no personal knowledge either of transaction or his readiness and willingness - Readiness and willingness referred to state of mind and conduct of purchaser, as also his capacity and preparedness on the other - Since, PW1 had..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Indian Penal Code, 1860, Section 304(Part II), 323, 325, 34 -- Nature of offence - Sudden fight between parties - Only bamboo was used during said fight and it was accused who allegedly gave blow on head of deceased by a lathi like object - No deadly weapon was used by accused - Nature of weapon used during said fight goes to show that assailants might not have any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Offence u/s 13(1)(d)(ii) of the Act - Mens rea, intention and/or knowledge of wrong doing is an essential condition of offence of criminal misconduct u/s 13(1)(d)(ii) of the Act - Presumption u/s 20 of the Act, does not apply to offence u/s 13(1)(d)(ii) of the Act...........
