Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 325, 354, 506, 34, 120B -- Anticipatory bail - Offence u/ss 325, 354, 506, 34, 120-B IPC - Big quarrel between accused's group and rival group - Accused admittedly is a social worker and other accused are working in police department and they will never intervene in investigation of case or..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 399, 402 IPC - Petitioner was never arrested at the spot - Five persons who were stated to be making preparation for committing dacoity were all apprehended at the spot - Petitioners is stated to be nominated only on basis of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - No requirement that notice should be in a signed form - Proviso to S.138 of the Act states `giving a notice in writing' and not `by giving a notice in writing with signature'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice - Since there was demand of money as such notice without signatures of lawyer cannot be held to be a defective notice...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
