Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Staff room is not a public place and common public or citizens do not have access to it without permission of school - In these circumstances, offence u/s 294 IPC is not made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Complainant nowhere stated that an alarm was caused to him when abuses were made against reputation of complainant - In these circumstances, offence u/s 506 IPC is not made out against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC...........
Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Allegation that accused gnawed the nose of informant with his teeth - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC - Alleged injury would fall u/s 325 IPC - However, considering the case of the year 1988 and no any other criminal..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary that every person constituting an unlawful assembly must play an active role for convicting him with the aid of S.149 IPC...........
