Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 452 -- Double murder - Attempt to murder - Unlawful assembly - Accused fully armed constituted an unlawful assembly, entered the house of deceased and when latter ran out for his safety, he was chased and assaulted - Accused also assaulted on those who tried to come to rescue deceased - Number of injuries on two..........
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata - It is a mixed question of law and fact, which can be decided after framing issues and after parties lead evidence - Plaint cannot be rejected on said issues...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Not substantive evidence - In absence of any other evidence, same cannot be basis of conviction...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - PW1 identified accused correctly - However, accused raised an objection that identifying witness had seen him while he was in police custody - Even PW1 denied to have identified accused in TIP - PW1 not identified accused in Court - There is no other evidence..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
Indian Penal Code, 1860, Section 182 -- Complaint u/s 182 IPC - Complaint not filed by competent authority, as it has not been filed by Senior Superintendent of police but was filed by SHO of police - Police has not even registered any FIR on complaint made by respondent - Police could not have taken advantage of its own wrong by first not proceeding on complaint moved by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 60 kg Ganja - Evidence of prosecution neither clinching nor un-impeachable on the aspect of safe custody of Ganja from time of seizure till production in Court - Manner as provided u/s 55 of the Act not followed by PW3 - No corroborative evidence comes from source of police station - Person who..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased were brothers and there was an altercation between them just before the incident - Accused caused injuries to deceased in a sudden fight without premeditation - Testimony of sole eye witness/wife of deceased is variable with medical evidence with regard to scratch injury and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 120B -- Anticipatory bail - Offence u/ss 363, 365, 120-B IPC - There is some kind of matrimonial discord between petitioner and his wife - It is only after entire evidence is recorded that it may be found as to whether petitioner has indeed abducted complainant`s daughter or not - Since..........
