Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Pre-condition of furnishing bank guarantee - Not sustainable - Set aside...........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Mere abduction does not bring accused under ambit of penal section - S.366 IPC applies when woman abducted has no intention of marriage or lawful intercourse when abducted...........
Indian Penal Code, 1860, Section 366 -- Abduction - Accused did not force or induce victim to leave her matrimonial home but she left it due to harassment and torture inflicted on her by her husband - Victim is living at home of accused on her free will on request of wife of accused who was her friend - Essential ingredients of S.362 or even S.366 IPC are not fulfilled..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Accused has nowhere mentioned as to how recalling of complainant is essential for just decision of case - Only ground taken by accused is that due to inadvertence, his counsel did not ask questions regarding veracity of..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Wife of accused is pregnant - Mere pregnancy is not a reason enough for grant of interim bail to petitioner, as said condition is not a medical condition for which hospitalization is needed for a significant length of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Criminal Procedure Code, 1973, Section 235(2) -- Acquittal by trial Court - Conviction by appellate Court - Appellate Court is obliged under law to hear accused on the quantum of sentence...........
