Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Duty of Court - Court must consider whether public prosecutor applied his mind as a free agent uninfluenced by irrelevant and extraneous or oblique considerations while requesting withdrawal - Court must exercise its judicial discretion by considering all materials placed before it by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Death by poisoning - Extra judicial confession - Prime evidence against accused that she made an extra judicial confession before PW7 - Production of accused by PW7 before DSP stands proved - Accused made a disclosure statement before DSP regarding incident and recovery..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Doctrine of merger -- Principle of merger though often applied to judgments and decrees, extends equally to orders that stand impliedly nullified or rendered redundant by superior judicial pronouncement...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Unauthorized constructions -- Regularization - Unauthorized constructions has to be demolished - Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularization of buildings erected without requisite permissions of competent authority...........
