Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Person from whom accused demanded illegal gratification was not examined before trial Court, as he could not be traced during the trial - In the absence of said person, factum of demand which is sine qua non of offence u/s 7 of the Act is not proved beyond..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Victim in clear words disclosed that accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad - Mere fact that victim went inside the room along with accused, same cannot by any stretch of imagination be considered as her consent for sexual intercourse..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Indian Penal Code, 1860, Section 509, Kerala Police Act, 2011, Section 120 -- Offence u/ss 509 IPC and S.120 of K.P Act - Posting 2 postcards with derogative statements by itself is sufficient to attract offence punishable u/s 509 IPC as well as S.120 of K.P Act...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
