Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Indian Penal Code, 1860, Section 376, 377, 498A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Offence u/ss 376, 377, 498-A, 323 IPC - Offences alleged are primarily of private nature - Complainant is reported to have entered into compromise on his own volition - Proceedings quashed...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
