Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint through attorney - Attorney himself admitted in his cross-examination that he has no knowledge about the case - Even, no date, month or year of transaction has been mentioned by complainant - Moreover, there is no document on record to show transaction between the..........
Service -- Dismissal - Illegal gratification - Appellant acquitted of all the charges levelled against him - Moreover allegations against appellant were made two years after the alleged demand of bribe - Dismissal from service set aside in view of fact that there was a considerable delay in levelling charges against appellant as well as acquittal of appellant of all the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 110 gms intoxicant powder - Recovery effected from hands of accused when he took out the same from left pocket of his pant and tried to throw away, which will amount to recovery from the search of person of accused - No offer of any type had been given to accused qua his personal search -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Compounding of offence - Cheating - Criminal conspiracy - Settlement arrived at between parties - There is every possibility of trial ending in acquittal - Since substantive offence punishable u/ss 506, 420 IPC is compoundable u/s 320 Cr.P.C., offence u/s 120-B IPC should..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 372 - - Appeal against acquittal - Leave to appeal - Complainant was required to file appeal as per S.372 Proviso Cr.P.C., rather than filing leave to appeal u/s 378(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant misused cheque which he gave..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover, record shows that neither..........
