Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 465, 467, 468, 471 -- Bail - Offence u/ss 406, 420, 465, 467, 468, 471 IPC - Complainant alleged that petitioner showed him original letter of intent from GMADA in his favour and therefore he entered into agreement to sell, paid earnest money - FIR registered by petitioner against said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Failure to control an adult brother, living independently or giving advice to complainant/wife to adjust to avoid vindictive retaliation from her husband/accused cannot constitute cruelty on part of brother of husband within meaning of S.498-A IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the cheque produced on record and outstanding amount is proved without there being any rebuttal to the same, then presumption u/s 139 of the Act would operate in favour of complainant...........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Commission of offence is made out from bare reading of contents of FIR - As regarding contentions of accused that complainant is a habitual blackmailer and she lodged false FIR with intention to extort money cannot be taken into consideration at this stage - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
