Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Last seen Evidence - FIR lodged against unknown persons - There is no eyewitness to actual commission of offence - Deceased was last seen in company of acquitted accused `R' - No witness has deposed about deceased being last seen with accused in and..........
Evidence Act, 1872, Section 8 -- Motive - Murder case - Motive loses its importance when eye witnesses have spoken about commission of murder...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Penalty - Considering totality of circumstances, out of amounts deposited by appellant, a sum of Rs.10 lakhs is made over to complainants towards element of interest payable in terms of directions issued by State Commission towards satisfaction of all claims of complainants - Rest of amount deposited by..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Phone call - Cryptic phone call without complete information or part information about commission of a cognizable offence cannot always be treated as an FIR...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Physical presence of accused at the site of actual commission of crime and deposition of independent witnesses about their role, clearly establishes that it was for purpose of facilitating offence - Consistent testimony of all eye witnesses was clear that accused were part of attack, they played an active role in..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Allegation that when prosecutrix had gone to attend call of nature, accused shut the mouth of prosecutrix and forcefully got her seated on motorcycle - However, conduct of prosecutrix in accompanying accused even after commission of rape by them, boarding train with accused -..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12(2)(c) -- Reservation for OBCs in local bodies - Validity of S.12(2)(c) of the Act - S.12(2)(c) of the Act is an enabling provision and it may be invoked only upon complying with triple conditions as mentioned in S.12 of the Act - Provision u/s 12(2)(c) of the Act can be saved by modifying as expression..........