Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Anticipatory bail - Cheating - Accused admitted that amount of Rs.50 lakhs has been transferred to her account by informant - She is an advocate and has argued the matter in person - Huge amount of Rs.50 lakhs has been transferred to the account of accused - Anticipatory..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Suicide note of 11 pages describes in sequence all facts and circumstances - Suicide note gives an impression that deceased was being harassed by accused and he felt insulted and frustrated to such an extent that he was forced to take such extreme..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
