Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is discretionary and not mandatory...........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Grant of - Not mandatory - Court can grant interim compensation on the following parameters viz. (i) Discretion to be exercised in a thoughtful and sagacious manner; (ii) Order so passed to be on worthy reasons as to (a) on account of deliberate delays, being made by the accused,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 34 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Custodial interrogation of petitioner sought only for recovery of Istridhan - Recovery to be made of Istridhan alone not a reason to deny anticipatory bail - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Driving a vehicle at a slow speed but recklessly and negligently, would amount to rash and negligent driving within meaning of language of S.279 IPC...........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Allegation that rash and negligent driving of tractors used for transportation of goods from Panba to Sannidhanam through trekking path causing threat to safety of pilgrims - However, it is for respondents 2 to 4 and also additional respondent no.5 to take necessary steps to ensure that movement of..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Misconception of fact - Simple promise to marry without anything more will not give rise to misconception of fact within meaning of S.90 IPC...........
Indian Penal Code, 1860, Section 366, 376, 419 -- Kidnapping and rape - Victim stated that she had gone with accused because accused proposed to her to marry and she had accepted the proposal - She had already attained sufficient maturity at the relevant time of occurrence - Evidence of victim girl failed to inspire confidence to the effect that she was ever kidnapped and..........
