Service -- Appointment - Post of Police Sub-Inspector - Government Resolution (GR) 2019 - Challenge as to - State issued GR without any consultation or prior approval by Maharashtra Public Service Commission - GR seeks to fill up double number of vacancies which were notified for Post - Authority cannot fill up more than notified number of vacancies advertised, as..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - No evidence on record to show about any conduct of accused which may be regarded as instigation - Though suicide note written by deceased mentioned about some land transaction and money transactions with accused - However, such transactions may have caused loss to deceased but same cannot be regarded as any..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - Love affair between accused and deceased for some time and prior to incident they broke up - Accused was pursuing to continue with the affair in which deceased was not interested - There is evidence of witnesses that deceased earlier warned accused that if he continues to harass her, she will..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Aggravated sexual assault - Testimony of 5 years old boy/victim - Victim could not opine whether carnal intercourse against order of nature committed or not - There was no injury in the anus and even there was no blood therein - Statement of PW3 is not corroborated with medical evidence - I.O neither..........
Prevention of Money Laundering Act, 2002, Section 17 -- Money laundering - Freezing of bank account - No material on record to indicate compliance of S.17 of the Act, more particularly recording the belief of commission of the act of money laundering and placing it before the Adjudicating Authority or for filing application after securing the freezing of the account to be..........
Prevention of Money Laundering Act, 2002, Section 17 -- Money laundering - Freezing of bank account - Procedure contemplated u/s 17 of the Act not followed by Officer Authorized except issuing communication to AML officer to seek freezing - Impugned communication does not even refer to belief of Authorized officer of commission of act of money laundering even if same was..........
Indian Penal Code, 1860, Section 376, 354, 323, 504, 506 -- Rape - Summoning of accused - Prima facie case for summoning of accused is made out - Statement of doctor along with statement of PW1 and PW2 who have categorically supported averments of complaint of commission of rape, is on record - Disputed defence cannot be looked at this stage nor can be basis for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Every application u/s 156(3) Cr.P.C. disclosing commission of a cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case but in exercise of such jurisdiction the Magistrate has to keep in view various factors, as..........
