Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Where there is no dispute on facts and it is clearly made out from complaint and the appended documents that dishonored cheque issued by accused is admittedly for a consideration which is not a legally enforceable debt or liability, the..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Surplus land - Jurisdiction of civil Courts to try suit relating to land which is subject matter of ceiling proceedings, stands excluded by implication - Civil Court cannot declare, orders passed by authorities under Urban Land Ceiling Act as illegal and non-est...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - When a Narco Analysis Test is conducted with intervention of some medication, when a person is not conscious and makes some revelations from sub conscious mind, credibility of that revelation stands far short of fact described under the Act...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Even if petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that statements would be voluntary - So even if Court permits petitioner to undergo a Narco Analysis Test, it has no acceptability in the eye of law...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Revelations brought out during Narco Analysis under influence of particular drug cannot be taken as conscious act or statement given by a person...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Petitioner wanted to subject himself to Narco Analysis Test, which is necessary to buttress his statements u/s 313 Cr.P.C - However, possibility of accused himself making exculpatory statements to support his defence also cannot be ruled out - There is no mechanism or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint filed only against corporate entity - None of natural persons who were stated to be in-charge of and responsible for affairs of corporate entity were arrayed as accused - Proceedings initiated against corporate entity quashed...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - It is contended that reliefs sought in petition overlap with reliefs sought by petitioners in earlier petition which was dismissed by a three-judge Bench of Supreme Court - Orders dismissing writ petitions in limine will not constitute res judicata - Summary dismissal of earlier petition u/art.32 of Constitution does..........
