Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation to Special Investigative Team, or to Superior Investigating agency being CBI or special cell - Investigation is being conducted under supervision of Assistant Commissioner of Police - Multiple Status Reports have been filed and in fact High Court has been monitoring investigation - Charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b) -- Contraband - Beedi allegedly containing ganja being smoked by petitioner has not been subjected to any forensic analysis - Prosecution against petitioner for offence u/s 27(b) of the Act cannot be permitted to continue - Proceedings quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused was caught on the same day of incident along with weapon of offence - Forensic report and other evidence proved that knife recovered from accused was used in the commission of crime and blood found on the same is matched with blood of deceased - Eye witnesses are reliable - Entire evidence put together by prosecution..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Cause of fire - Report of surveyor's although comprehensive otherwise, is inconclusive on the aspect identifying the actual cause of fire - Since, the surveyor's report only relies on the Forensic Examiner findings, it would be unsafe to rely on the said..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
