Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Mere filing of charge sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offence under penal provisions of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 25, 29, Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 20(b)(ii)(c), 25, 29 of NDPS Act - Materials available on record do not suggest anything that there are reasonable grounds to believe that accused is not guilty of committing the alleged offence under NDPS..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - In the absence of proof of demand, recovery cannot form basis to prove demand...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
