Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Allegation that accused a practicing lawyer made some statement against particular group of lawyers who were agitating and protecting against media - However, accused in his speech referring lawyers as general class and not representing a collection or general class of lawyers - Moreover, when..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Criminal Procedure Code, 1973, Section 195, 340 -- Scope - Sub section 195(1)(b)(i) and 195(1)(b)(ii) cater to separate offences - S.340 Cr.P.C. is a generic section for offences committed u/s 195(1)(b), the same has different and exclusive application to clauses (i) and (ii) of S.195(1)(b) of Cr.P.C...........
Indian Penal Code, 1860, Section 326A, 326B -- Acid attack - Merely because title to S.326-A IPC speaks about grievous hurt by use of acid, it is not a requirement under the Section that injuries caused should be invariably grievous - Even if seven injuries as referred under both the Ss.326-A, 326-B IPC are simple, mere act of throwing or attempt as indicated in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Recovery effected from the bag carried by accused which included his personal search also - Compliance of S.50 of the Act, thus mandatory - However, I.O not made out strict compliance of said section - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Indian Penal Code, 1860, Section 153A, 153B, 295A -- FIR against production of film Padmavat - Allegation of twisting and distorting historical facts and events and thereby hurting the feelings of a section of society - Admittedly, allegations set out in FIR lodged well before the movie in question was released in theaters - Censor Board issued certificate of exhibition of..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 2(f)(1)(i) -- Madras Preservation of Private Forests Act, 1949 - Private forest - Exemption - If disputed land has no characteristics or features of forest, then land will fall under private forest as defined u/s 2(f)(1)(i) of 1971 Act and Act of 1949 is applicable to that land before appointed day and land..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
