Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1120 tablets - Commercial quantity - Investigation of case is complete and charge already framed - Petitioner is in custody since Jan 2019 - No PW examined till date and no explanation is forthcoming for such delay - It is not the case of..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quarrel had taken place between accused and husband of his sister - Accused told deceased to go and die - Deceased had committed suicide on third day of quarrel - It cannot be held that suicide was direct result of quarrel because there was enough time for deceased to think over and reflect - Charge of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 4(1) -- Offence u/s 3 of the Act - Legal assistance - Senior Advocate of eminence can be appointed by a District Magistrate and upon his engagement, such an Advocate shall take over entire process of trial..........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within statutory period - At the time of filing of application u/s 167(2) Cr.P.C. there was no charge sheet - Charge sheet filed on the next day when application was considered - By adjourning bail application, Court cannot frustrate the indefeasible right of default bail - Bail allowed...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Attempt to murder - Whether or not accused were acting in their right of private defence, would have to be adjudicating by trial Court while appreciating evidence collected at the trial, but same cannot be considered at this premature stage...........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, 449, 326, 325 -- Suspension of sentence during pendency of appeal against conviction - Murder - Accused named in FIR but not charge sheeted by investigating agency and was summoned as an additional accused - There are manifest loopholes in prosecution case regarding recording of..........
Evidence Act, 1872, Section 35 -- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the official i, charge, which alone would make it..........
