Criminal Procedure Code, 1973, Section 482 -- Quashing - Commercial relationship which broke - FIR and charge sheet quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - No offence made out, if all the averments contained in complaint are taken to be true - FIR and charge sheet quashed...........
Contempt of Courts Act, 1971, Section 14(1)(c) -- Contempt of Courts(C.A.T.)Rules, 1992, R.15 - Contempt of Court - Procedure for trial - Appellant denied charges - He specifically staked claim to have a trial conducted on charge framed against him - However, no trial at all was conducted - Denial of right of trial which is contemplated u/s 14(1)(c) of the Act and also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Petitioner was Director of Company at the time when offence was committed - However, dishonoured cheques had not been signed by petitioner/director - Averments made in the complaints even if fully accepted, documents annexed thereto ex facie..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - Partnership firm not impleaded as an accused - Directors or in-charge officers or persons responsible for conduct of day-to-day business of partnership firm, cannot be prosecuted for an offence which is deemed to have been committed by partnership firm, without impleading..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
