Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - Provisions of NDPS Act or Drugs and Cosmetics Act cannot be pre-judged at the bail stage...........
Mohammedan Law -- Right of pre-emption - Presence of two persons while performing Talab-e-ishad (formal demand) is a mandatory requirement - Failure to name such witnesses in pleadings will carry an adverse inference against person seeking enforcement of pre-emptory right - Plaintiff held, not entitled to exercise right of pre-emption...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind is necessarily to be linked with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the date of service of notice - Not a valid complaint - Cause of action must have accrued to the drawer on the day complaint is filed - It makes no difference that period of 15 days passes by after the complaint is filed - Proceedings..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident happened in a heat of passion - Accused was counseled by deceased and his son to mend his ways and reprimanded him that as he was a jobless person and unless he would not have engaged himself in some constructive work, it was difficult for them to perform his marriage - Said counseling..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - No finding by Tribunal or any case being proved on evidence that there was condition attached to possession of petitioners to provide basic amenities and physical needs to opposite party, which is a pre-condition of an order being passed u/s 23 of the Act - Eviction order set..........
Hindu Succession Act, 1956, Section 16 -- Property of widow female - One son of female pre-deceased her - Succession would be determined as if such pre-deceased son was living on the date of death of female and child of pre-deceased son would get equal share along with other children of female...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Death sentence - Rarest of rare case - Offence committed in pre-mediated manner and involved in heartless betrayed of trust of deceased, who was first cousin of accused - But this is not a sufficient reason to bring it within ambit of rarest of rare cases,..........
