Indian Penal Code, 1860, Section 201 -- To establish the charge under Section 201 IPC, it is essential to prove that an offence has been committed and mere suspicion that it has been committed is not sufficient...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Guidelines - (a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity; (b) Bail may be refused when the Court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the..........
Criminal Procedure Code, 1973, Section 439 -- Prevention of Terrorism Act, 2002, Section 50 - Bail - Accused prosecuted under POTA - Cognizance of offence taken on the date on which there was no sanction u/s 50 of POTA - Accused is entitled to bail...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - Seizure of bags containing Indian currency notes from the detenu at the airport - Detenu, a lady, accompanied her husband on tour to Dubai from Mumbai - Even on two previous occasions the detenu lady had been to Dubai in the company of her husband, who is..........
Consumer Protection Act, 1986, Section 2(1),(d),(o) -- Commercial sites - Auction sale - Service - Sale price had not been paid at the time of auction but the balance amount was to be paid in the installments by the complainant - It is undisputed that the P.S.I.E.C was required to render services after issuance of the letter of the allotment - It could not be said that..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of proceedings under Section 482 Cr.P.C. - Complaint against Chief Manager of a Bank by an employee who was dismissed for misappropriation of Rs.2,00,000/- by misusing his official position, that his gratuity amount had been illegally withheld - Held that gratuity is a matter of calculations as per provisions of law and..........
