Criminal trial -- Two separate trials for same offences - Two separate trials for commission of same offence (two complaints for the same offence) for two sets of accused on account of one of them absconding - Held, culpability of any accused cannot be decided on the basis of any evidence, which was not recorded in his presence or his pleader`s presence and for which he..........
Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Both the provisions clearly prescribe `dishonest intention', as a pre condition for even prima facie establishing the commission of said offence...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Difference between preparation and attempt to commit rape - Preparation or attempt to commit offence will be predominantly determined on evaluation of act and conduct of an accused - Stage of preparation consists of deliberation devising or arranging the means or measures, which would be necessary for..........
Indian Penal Code, 1860, Section 511 -- Attempt to commit offence - Attempt is a mixed question of law and facts - Attempt is direct movement towards commission after preparations are over - It is essential to prove that attempt was with an intent to commit offence - An attempt is possible even when accused is unsuccessful in committing the principal offence - Similarly if..........
Karnataka Control of Organised Crimes Act, 2000, Section 24(1)(a), 3 -- Prior approval u/s 24 of the Act - Prior approval was not for registering crime against individual offenders as such, but for recording of information regarding commission of an offence of organized crime under the Act...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Indian Penal Code, 1860, Section 376, 376D -- Nature of offence - Rape or Gang rape - Accused had physical relationship with prosecutrix on more than one occasion and same was disclosed to her parents only when they had noticed her to be pregnant - Prosecutrix refers to incident on the day she was said to have been taken away by all accused - However, there is no evidence..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consignment of goods - Quality inspection by appellant - Deficiency in service - Appellant has certified weight, packing, quality and quantity of consignment at the port of loading - No allegation that there was any deficiency either in respect of weight, packing, quality against appellant - There is even no allegation that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Additional demand u/s 56(2) of Electricity Act - Raising of additional demand in form of `short assessment notice' on the ground that bills raised during a particular period of time, multiply factor was wrongly mentioned, cannot tantamount to deficiency in service - So long as consumer does not..........
