Indian Penal Code, 1860, Section 218, 417, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Evidence Act, 1872, Section 3 -- Offence u/ss 218, 417 IPC and Ss.12(2), 13(1)(d) PC Act - Appreciation of evidence - Evidence on the record unable to prove the alleged offence - Evidence which could be produced, withheld by the prosecution - Necessary ingredients to..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to such properties - Material..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Res judicata - All invoices i.e octroi invoices and STIs raised by plaintiff in present suit are also in issue in earlier suit - Issues in earlier suit and in present suit are directly or substantially the same - If both suits are permitted to proceed, there will be two parallel trials on same issue by..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Date of dispossession conspicuously missing from the pleadings as well as in deposition of plaintiff - Ingredients of S.6 of the Act not fulfilled - Dismissal of suit, upheld...........
Specific Relief Act, 1963, Section 6 -- Recovery of possession - Ingredients of S.6 are : (a) that the person was in possession of suit property; (b) he has been dispossessed by defendant; (c) that dispossession is not in accordance with law; (d) that dispossession took place within 6 months of filing of suit...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Direct evidence - Eye witnesses to the incident stated that both the accused had jointly gone to the house of deceased and had called him out and had taken him away - Immediately thereafter incident took place in course of which both A-1 and A-2 had attacked the deceased with knives - Ingredients of..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To prove offence u/s 306 IPC, prosecution is under an obligation to prove ingredients of S.107 IPC...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Illicit affair of husband - Allegation that wife committed suicide due to illicit relationship of husband with his sister-in-law - However, sister-in-law of husband is residing separately - No neighbour of locality where parties residing came forward to say that there was ever any illicit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of proceedings - Offence u/ss 498-A, 406 IPC - Complainant only citing incidents of unhappiness with her husband/accused - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Uncontroverted allegations against accused do not disclose..........
