Criminal Procedure Code, 1973, Section 144 - - Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Invocation of provisions of S.144 Cr.P.C. - Forcible eviction and dispersion of persons by Police at midnight by use of tear gas, water cannons and finally lathi charge - Legality of - Held, action demonstrates the might of State and was an assault on the..........
Contributory Negligence -- Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Forcible eviction and dispersion of persons by Police at midnight by lathi charge - Held, respondent No.4 is guilty of contributory negligence - Due to the stature that Baba Ramdev enjoyed with his followers it was expected of him to request the gathering to disperse..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Recovery of fire arm weapon and live cartridges from accused - However, no public witness of recovery - Weapon not sent for examination to know that it is in working state or that actually shots were fired from it - Live cartridges also not sent for examination to know whether the same are actually live -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Criminal proceedings - Quashing of - Delayed investigation - Matter involves siphoning of Rs.46,00,000/- of public funds - Number of accused and voluminous documents - Large number of witnesses put up by prosecution - Investigation was unduly prolonged for more than 9 years - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash & negligent driving - Whether petitioner who has been acquitted by Court in criminal case registered u/s.279, 304-A IPC etc. be held liable to share proportional liability towards compensation paid by State to family members of victim of road accident? - Held, yes - Parameters to be applied to prove a criminal charge..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show the accused voluntarily accepted the money knowing it to be bribe...........
Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law laid by Full Bench...........
Criminal Procedure Code, 1973, Section 256 -- Warrant case - Dismissal of complaint for default - Acquittal - Validity - Held, there is no provision in Cr.P.C. permitting acquittal of accused persons on account of absence of complainant in warrant case - Moreover, before the stage of framing of charge, any termination of proceedings can never amount to an acquittal -..........
Transfer of Property Act, 1882, Section 54 -- Agreement to sell - Charge on property - Held, agreement for sale or an agreement to sell itself does not create any interest or charge on such property...........
