Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is not shown to have paid any part of cheque amount to complainant till date i.e after a passage of more than 19 years - He failed to render any justifiable explanation for his alleged false implication in case - Even, no mitigating circumstances has been brought to..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - False implication - Defence version as sought to be put forth in deposition of DW2 and DW3 does not sound to be convincing and acceptable - They never submitted any complaint to higher police officers with regard to false implication of accused - DWs maintained studded..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Plea of false implication of accused on the ground that they had advanced a loan of Rs.10,000/- to PW2, husband of victim during their marriage is not probablised by defence - Such suggestion was squarely refuted by PW and no independent evidence was led by defence to probabilise such plea - Plea rejected...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death by burning - Accused admitted that at the time of occurrence he was present in the house where deceased died - But he failed to explain how his wife has caught fire and died - False explanation of accused in his examination u/s 313 Cr.P.C would provide missing link..........
Criminal Procedure Code, 1973, Section 439, 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PML Act - Accused is responsible for acts and affairs of company as chairman of Company who planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Accused being debenture trustees of company was responsible for acts and affairs of company - He planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Service -- Back wages - It is apparent that department had no rule to play so far as initiation of criminal proceedings against plaintiff are concerned - It was a private complaint on basis of which FIR was registered where he was put on trial and found guilty - No fault thus can be attributed to department and therefore state exchequer cannot be burdened to compensate..........
