Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death penalty - Trial court as well as High Court has only taken into consideration the crime but have not taken into consideration criminal, his state of mind, his socio-economic background etc. - It is bounden duty to take into consideration the probability of the accused being reformed and rehabilitated -..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against husband - Unnatural death of deceased occurred due to poisoning - There was demand of dowry as proved by evidence of parents of deceased - Even, deceased was sent back to her parental home to secure fulfillment of said demand, but parents of deceased being unable to fulfil demand had counselled and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - No specific instances referred by trial Court while convicting accused, where she had been ascribed any specific role in making demand and inflicting cruelty - Presence of accused at the time of occurrence not spoken about - No specific evidence with regard to demand being made by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When a cheque is drawn out and is relied upon by drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount - Such presumption is rebuttable by proving to contrary - Onus is on accused to raise a probable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused is that cheque and documents obtained by complainant by threatening accused - Case against complainant is also filed by accused in which complainant is acquitted - Defence sought by accused and witnesses examined are only by way of improvement in respect of same cause of action, thus..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Consumer Protection Act, 1986, Section 51 -- Appeal to National Commission - Stay of order passed by State Commission - National Commission can grant stay (i) directing the appellant to deposit the entire amount and/or any amount higher than 50 per cent of the amount in terms of the order of State Commission; (ii) National Commission has to assign some cogent reasons and..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
