Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(2) -- Dishonour of cheque - Appeal against acquittal - Appeal lies to High Court u/s 378(4) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation - Jurisdiction of Special Court - Confiscation proceedings initiated and conducted by Special Court as established under the Act - It is Special Court which decides the liability of an article, thing or vehicle to confiscation and such decision is taken by Special Court after conviction,..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Allegation that upon witnessing mother/accused in a compromising position with co-accused, deceased became severely depressed and ultimately hanged himself to death, does not at all prove that accused persons intentionally instigated or abetted deceased to commit suicide -..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Forged sale deed - Trial Court itself examined the thumb impression of vendor on sale deed and after discussing the evidence on record acquitted the accused - Suit filed by vendor for cancellation of sale deed was dismissed by Civil Court - There is no illegality, irregularity or impropriety in impugned orders of..........
Criminal Procedure Code, 1973, Section 377 -- Appeal against conviction - Enhancement of sentence - When a person is charged with a graver offence but is convicted of lesser offences, same amounts to acquittal of serious offence and it is not permissible for High Court to convert lesser offence into serious offence in an appeal for enhancement of sentence - High Court can..........
