Partition -- Documents under consideration are not Will Deeds where any and all suspicious circumstances are required to be dispelled by the propounder - The documents in question are Gift Deeds - All that law requires is proof of the same in terms of Section 68 of the Evidence Act - There has been misreading of the evidence by the trial court - On a totality of the..........
Maharashtra Control of Organised Crime Act, 1999, Section 22, 23(1)(a) -- Conviction - Quashing of criminal proceedings - It would be clear from the provisions contained in clauses (a) and (b) of sub-sections (1) and (2) of Section 22 of the MCOC Act, enable the Special Court to mandatorily presume that the accused has committed an offence of organized crime if it is..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Charge of exposition would hold only when the child has been deprived of shelter or care - Therefore, none of the acts contemplated in the above provision have taken place at all - That apart, the child's perspective of unnecessary mental or physical suffering is necessary to..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
