Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 - - Offence u/ss 409, 420, 467, 468 & 471 IPC - Allegations made in complaint and evidence adduced in support thereof, even if taken to be in their face value and accepted in its entirety do not constitute prima facie any criminal offence or make out a case against accused..........
Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Plaint - Non disclosure of material facts - Non mention of fact of filing of earlier suit in Bombay High Court - Plea that on account of similarity between previously instituted suit and the present suit and reliefs claimed thereunder, the factum of having filed the previous suit becomes a material fact - Plea of dismissal..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Plaint - Non disclosure of material facts - Plaint lacking from certain facts - Without deciding the controversy whether those are material facts or not but those facts ought to have been disclosed in the suit in order to avoid any objection from the other side - As no benefit or advantage of any kind is granted to..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 148, 332, 353, Arms Act, 1959, Section 3, 25 -- Suspension of conviction during pendency of appeal - Conviction for offence u/ss 148, 332, 353 IPC & Ss.3 & 25 of Arms Act - Held, order of conviction cannot be stayed on the ground that it will deprive appellant from contesting the election of..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 374 -- Dowry death - Appeal against conviction - Death of wife of accused occurred within 7 years of marriage - Evidence on record and statement of complainant (brother of deceased) clearly stating that deceased was put to harassment for demand of dowry soon before her death - Order of..........
Criminal Procedure Code, 1973, Section 389, Wild Life (Protection) Act, 1972, Section 51 -- Application for suspension of order of conviction - Offence of hunting of endangered animals - Conviction u/s.51 of the Act - High Court set aside sentence to allow appellant to travel abroad for professional commitment - Appellant seeking suspension of conviction on ground of..........
Criminal Procedure Code, 1973, Section 145 -- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the passing of a preliminary order..........
Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - Appellant alleged that respondents have been purchasing cloth on credit vide various bills - Appellant failed to prove seller-Purchaser relationship between him and respondents - Appellant also failed to prove that any order was ever placed for purchase of cloth by respondent or any agreement..........
Criminal Procedure Code, 1973, Section 319, 482 -- Smmoning of additional accused - During investigation it was found that petitioners have been kidnapped at instance of accused and false recovery was planted upon them - Held, Simply if one witness deposed against petitioners, in no way, without discussion of other evidence can be held petitioners are involved in..........
