Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Kerala Co-operative Societies Act, 1969, Section 69, 66, Kerala Co-operative Societies Rules, 1969, Rule 176 -- Post of peon/watchmen - Cancellation of selection process by Joint Registrar - Joint Registrar has power as well as duty to interfere with selection process where question paper of written test were leaked and secrecy of written test was not kept intact...........
Acquisition of land -- Acquisition of private land by State - Without taking course to acquisition proceedings or following due process of law - Compensation - Appellant/landowner being an illiterate widow from a rural area, was compulsorily expropriated of her property in 1967 without legal sanction or following due process of law - Even State admitted said fact that land..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner undergone 5 months and 21 days of actual sentence out of total sentence of two years - As per `Saurabh Bakshi case' petitioner is required to undergo 6 months of sentence - There is a shortfall of only 9 days therefore, no useful purpose will be served..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - It is always in the interest of justice that accused should join stream of trial and in case due to some reasons, accused is declared proclaimed person, then Court would always look into substance and material available on record to show whether he intended to evade proceedings or not - However, where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Service -- Selection and appointment - - Petitioner declared unfit in medical examination on account of height - Delay and laches - Constructive resjudicta bars petitioner to re-agitate same cause having once consciously preferred to file suit and not seeking permission of Court U.O.23.R.(3) CPC to re-file a petition on same cause of action - Having not done so,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Constitution of India, 1950, Article 21 -- Speedy trial - Expeditious disposal undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial - However, attempts to expedite process should not be at expense of basic elements of fairness and opportunity to accused...........
