Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Directions issued, viz. (i) In a complaint for dishonour of cheque Court will emphasise for filing post tracking report alongwith the complaint, if notice was sent through registered post; (ii) notice sent through `email or whatsapp' if it fulfills the requirement of S.13 of I.T. Act, 2000 is a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Directions issued, viz. (i) In a complaint for dishonour of cheque Court will emphasise for filing post tracking report alongwith the complaint, if notice was sent through registered post; (ii) notice sent through `email or whatsapp' if it fulfills the requirement of S.13 of I.T. Act, 2000 is a..........
Indian Penal Code, 1860, Section 441 -- Offence u/s 441 IPC (As in UP) - Offence of criminal trespass is said to be committed only when the alleged trespasser despite receiving written notice of eviction from owner of the property, did not withdraw from property - In the instant case, informant admitted in his statement recorded u/s 161 Cr.P.C. that he had not given any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Recovery of weapon of offence - Recovery was allegedly made from open space in a garden - Place was thus, easily accessible to many - Neither PW15 nor PW20 have stated that weapon and cartridges were buried underground and were recovered only after..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-appearance of accused - Not a ground for cancellation of bail...........
