Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Contract -- Execution of Power Project Agreement - Challenge as to - Judicial commission of inquiry - Allegations as regards to corruption, bribery, fraud and misrepresentation in awarding contract - Foreign company which was involved has abandoned the project - Project is virtually working at half capacity and rate of production of electricity is so high that project has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
Service -- Departmental inquiry - Once a finding has been recorded by a competent Court of Law, the same cannot be overturned subsequently by an Enquiry Officer on the same allegations...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - Mens rea - Neither there are allegations that fake currency notes were used by accused nor said currency notes have been offered to anybody - Prosecution failed to prove mens rea on part of accused as required by S.489-C IPC - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and mother of petitioner have been..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where there are no allegations that accused were in muffled faces and police does not immediately arrange TIP, because if accused is identified in TIP it becomes substantive evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations of cruelty made by husband against wife that she was not performing her matrimonial duties and was rude and used to misbehave with him and his family members - No specific instance given by husband and assertions made by him were not corroborated by oral,..........
