Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 7, 25 -- Transfer of petition u/ss 7, 25 of Guardians and Wards Act - Applicant/mother of child is a poor lady who is financially constrained from travelling on every date of hearing of suit - She is residing in Agra/UP which is at a distance approximately 100 kms from Bayana - Applicant is a..........
Criminal Procedure Code, 1973, Section 273 -- Cross examination of a witness - Can be denied only in exceptional circumstances where the other side is habitual in seeking adjournments for one reason or the other - In the instant case chief examination of witness was recorded and inspite of application being the first one for adjournment, opportunity of cross examination..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant while appearing as PW1 attributed specific and categoric role to each of accused, which has to be appreciated and evaluated by trial Court and cannot be ignored and discarded at this stage - Accused thus, has some role to play in alleged offence - Accused rightly summoned...........
Criminal Procedure Code, 1973, Section 439 -- Successive bail application - Court can consider subsequent bail application when more details are given...........
