Indian Penal Code, 1860, Section 436 -- Burning of Kotha whose roof is of Bala and Sarkanda - Not a building within meaning of S.436 of the Act - Charge u/s 436 IPC set aside and case remitted back for reframing of charge for the offence which is made out on the evidence available on record...........
Indian Penal Code, 1860, Section 436, 427, Criminal Procedure Code, 1973, Section 173 -- Legal Services Authority Act, 1987 - Lok Adalat - Power of - Lok Adalat is not a regular Court - Lok Adalat has no power to entertain report submitted by Police under Section 173 Cr. P.C...........
Indian Penal Code, 1860, Section 436, 427, Criminal Procedure Code, 1973, Section 173 -- Legal Services Authority Act, 1987 - Lok Adalat - Power of - Lok Adalat is not a Court/Forum, conferred with jurisdiction, to receive and adjudicate untraced report/cancellation report/final reports filed under the Code of Criminal Procedure - These reports prepared, under S.173 of Cr...........
Indian Penal Code, 1860, Section 84, 436 -- Criminal Procedure Code, 1973, Section 357 - Appellant-accused convicted under Section 436 IPC for setting restaurant of complainant on fire - Plea of unsoundness of mind for falling his case u/S.84 IPC and extending benefit of general exception not made out - Discrepancies and contradictions pointed out minor in nature not going..........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Bail - Accused is entitled to bail as a matter of right - Court may release on executing a bond without surety instead of taking bail when such a person is indigent and is unable to furnish surety - Court to insist on sureties if the person is not indigent...........
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to..........
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bail - Condition imposed that 'prior to going out of India, accused to seek permission of Court' - No such condition can be imposed while granting bail in a bailable offence - Such condition set aside - Direction requiring petitioner to inform Court in writing..........
Evidence Act, 1872, Section 106, 114, Indian Penal Code, 1860, Section 148, 302, 364, 436, 427 -- Kidnapping with intention to kill - Person who was kidnapped not seen thereafter - It is for the appellant to explain where kidnapped person had disappeared if they had not actually killed him - Presumption u/s 106 Evidence Act is attracted...........
Indian Penal Code, 1860, Section 302, 149, 436, 353, 147 -- Family member of accused shot dead by deceased - Accused reached the spot and lifted body of their family member and placed it under a Neem tree - Accused threw inflammable material in the house and put it on fire - 5 burnt bodies recovered - Time gap between two incidents was just 15 minutes - Case of accused..........
Indian Penal Code, 1860, Section 436 -- Judicial record set on fire - Three process servers put on trial and all of them convicted - Case based on circumstantial evidence - Chowkidar found the accused in Court premises at 6.30 p.m. long after Court hours - Accused had no reason to remain in Court premises at that time - Accused seen slipping away after setting judicial..........
