Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Complainant alleged that accused and his mother-in-law has forged his signatures and signed his resignation letter as a director of their company - Anticipatory bail are arising out of a matrimonial..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
Indian Penal Code, 1860, Section 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Circumstantial evidence - Medical evidence shows that prosecutrix was raped and killed - Accused and co-accused admitted their presence in the function where prosecutrix..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Question of limitation cannot be decided strictly on basis of pleadings in the plaint - Evidence would be required in a duly conducted trial before any conclusion can be drawn on the question of limitation...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because the prosecution case rests on circumstantial evidence, cannot be a ground to release accused on bail, if during course of investigation the evidence/material has been collected and prima facie the complete chain of events is established...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
