Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Incident occurred on the spur of moment after some altercation between parties - There is no premeditation or intention to kill deceased - Death resulted due to injury in quarrel - Case fall u/s 304(Part II) IPC - Sentence altered from 10 years to 6 years with default sentence of three months...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused admitted that cheque was drawn by him and same came to be dishonoured when presented for its realisation by complainant had also issued a notice to accused demanding cheque amount - Said evidence of PW1 could not be shaken by accused though he has cross examined PW1 and led evidence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant failed to lead appropriate evidence to satisfy Court regarding mandatory requirement of issuance of notice u/s 138 of the Act - Accused rightly acquitted - Leave to appeal held, rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is mandatory in nature...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Party to a consent decree based on a compromise to challenge compromise decree on the ground that decree was not lawful, i.e it was void or voidable has to approach the same Court, which recorded compromise and a separate suit challenging the consent decree is not maintainable...........
