Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that allegations are proved - When trial begins full opportunity is given to prosecution as well as to accused to place their case before Court - Charge framed therefore, cannot be set aside in normal circumstances...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle - Guilty consciousness of deceased..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Petitioners were charge sheeted when amendment to S.36(AB) already came into force - S.36(AB) of the Act provides trial of offences relating to spurious drugs by `Special Courts' only - Trial Court failed to notice the amended provision and should have..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B -- Default bail - Offence u/s 304-B IPC - Charge sheet not filed within period of 90 days - 90 days period expired on 04.02.2018 - Application for default bail moved on 05.02.2018 and on the same day charge sheet also filed - Bail granted...........
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D) -- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Offence on which charge was filed or offence for which cognizance is taken is determining factor to compute period of limitation - Mode of computing period of delay basing on offence under which FIR was registered by Magistrate is inapposite under law...........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Registered - Cannot be set aside on the ground that part of sale consideration has not been paid - As per S.55 of the Act, sale consideration, if any, remains unpaid, is a first charge on property sold...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was beaten before she was raped and as a result she suffered an injury - However, said fact is belied by Doctor PW11 - Further prosecutrix stated that she reported incident to chowkidar on the same night, but such chowkidar was not produced - FIR lodged after 3 days of..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Sufficient evidence on record to prove that accused assaulted simple injuries to injured witnesses by sharp object i.e knife - Evidence of these injured witnesses has strong evidentiary value to establish their presence on the spot - No inconsistency in between ocular evidence and medical evidence - Testimony of..........
