Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Prosecution failed to establish that accused had knowledge that articles seized from his possession are stolen goods - Disclosure statement of one of co-accused cannot be accepted as proof of accused having knowledge of utensils being stolen goods - Accused acquitted...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Arbitration agreement - Three recitals in the agreement strongly point towards an unambiguous intention of parties to refer their dispute to arbitration, viz; (i) mandatory nature of reference to arbitration by using the term "shall be referred to arbitration of a Sole Arbitrator mutually appointed,..........
Indian Penal Code, 1860, Section 376, 511 -- Rape or attempt to rape - Statements of informant and victim regarding commission of offence of rape appears to be clear improvement in prosecution version - However, there is specific allegations in the FIR regarding attempt to rape - Medical examination of victim shows that there were two marks of abrasion as also two marks of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession in respect of Gair mumkin shop - Suit has been filed in 2019 i.e within a period of 10 years - It cannot be at this stage ascertained as to whether provisions of the Act are applicable and as to whether suit would be maintainable or not - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - No evidence on record except last seen evidence against accused - Even, evidence of last seen has not been proved by prosecution as required under law - Prosecution has utterly failed to establish its case beyond all reasonable doubts and chain of events concluded that guilt of accused is not complete - Benefit of doubt..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Prosecutrix categorically stated that accused entered into physical relationship with her, despite her reluctance, refusal and denial - Passive submission on the part of prosecutrix to the act, cannot be construed as a circumstance to hold that it was a case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of five bags of poppy husk - I.O had informed accused of their right to get search conducted in presence of Gazetted Officer or a Magistrate and accused opted to get search conducted in presence of a Gazetted Officer - DSP had been called at the spot who again apprised accused to their right of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
