Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Evidence Act, 1872, Section 106 -- Burden of proof - Prosecution cannot take recourse of S.106 of the Act without laying any foundational facts...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of Cheque numbers - Accused admitted in his examination u/s 313 Cr.P.C qua actual cheques with corrected numbers - Bank records and trial testimony also supports assertion that incorrect typing of cheque numbers in legal notice was a bona fide error that was..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Employees State Insurance Act, 1948, Section 1(5) -- Applicability of the Act - Establishment of respondent is merely a pathological laboratory - However, said establishment is covered under the Act in terms of Notification issued by Government of Kerala from the date of Notification and not prior to that - Impugned order that ESI Act applicable to establishment of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide u/s 35 of the Act would not apply in the case u/s 25 of the Act, if there is not even iota of evidence regarding knowingly permitting the usage of the things mentioned in S.35 of the Act for commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
