Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal - Suspension of sentence - Grant of bail - Held, this court has taken into consideration overall view of the matter and in particular, the offence alleged, the sentence imposed, the fact that the co-accused has already been released on bail, the conduct of A1 during trial and also the fact that he has..........
Service -- Appointment - False statement of not involved in a criminal case - Applicant did not disclose that he was involved in a criminal case u/ss 325/34 IPC - Incident happened when applicant was 20 years of age - At that age young people often commit indiscretions and such indiscretions can often been condoned - Approach of Courts should be to condone minor..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Killing of a person by policemen in fake encounter - Case investigated by CBI and charge-sheet filed - Order granting bail by High Court set aside as High Court had not taken into consideration the serious nature of the allegations, the possibilities of undue influence being exerted on the witnesses for..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by holding that there is no evidence to connect the petitioner with the crime - Petitioner found to be in constant touch with co-accused on mobile telephone which was suppressed by petitioner - Petitioner did not co-operate in investigation by way of mis-leading the Officer not disclosing..........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation of - Accused allegedly hatching conspiracy to take over land and also assaulting complainant with dangerous weapons to create terror - As per act of accused, possibilities of tampering of evidence when on bail, cannot be ruled out - Trial Court granting bail without considering evidence and..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Cancellation of flat of allottee as she was a defaulter and failed to get the sale deed executed within the stipulated time - Construction company cannot be held guilty of deficiency in service on its part - Since it had been within its right cancelled the allotment order in favour of complainant..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Post Office Act, 1898, Section 6 -- Postal services - Speed post - Demand draft for 1600 pounds - Non - delivery - Appellants failed to provide any information regarding the status of the delivery - It was logical for the District Forum to infer that some official of the postal department had done so willfully -..........
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Section 44 -- Cancellation of allotment of plot - Plot reserved in development plan for public and semi public purpose - Plot allotted to charitable institution because of financial crunch - Instead, hostel constructed for working women and girls taking higher education - Held, it is a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xxiii), 22(C) -- Cancellation of bail - Recovery of 25 Kg. of `Methamphetamine' - Recovery much beyond limits of commercial quantity - Accused involved in export of contraband - No case of accused that they have any licence, permit or authorization either to..........
