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..........
Indian Penal Code, 1860, Section 149 -- Common object - Involvement of five or more persons right from inception is clearly mentioned in the case - Names of A-1 and A-2 were specifically mentioned in the FIR and presence of three other persons were also mentioned - PWs specifically stated the number of persons involved in the crime - Merely because A-3 and A-4 were..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to attract offence punishable u/s 307 IPC, act must have been committed with an intention or knowledge that act is likely to result in death of injured...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence on record that injuries were so serious in nature so as to endanger life of PW1 - Offence u/s 307 IPC held, not attracted - However, injuries inflicted upon PW1 are coming within description of grievous hurt as defined u/s 326 IPC - Since injuries were inflicted with dangerous weapons such as iron..........
Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - A-5 found guilty by trial Court only with the aid of 120-B IPC - Admittedly, A-5 was not present on the spot and he has also not participated in crime physically - Prosecution produced telephone call details of A-5 to establish criminal conspiracy u/s 120-B IPC - However, same was discarded by trial Court..........
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 438, Indian Penal Code, 1860, Section 420, 336, 120B, Medical Termination of Pregnancy Act, 1971, Section 3, 4, 5, Drugs and Cosmetics Act, 1940, Section 18A, 18B, 18(C), Indian Medical Council Act, 1956, Section 15(2)(B) -- Anticipatory bail - Offence u/ss 420, 336, 120-B IPC, u/ss 3, 4, 5 Medical Termination of Pregnancy Act, u/ss..........
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..........
Succession Act, 1925, Section 372 -- Legal heir certificate - Death of brother or sister - Class-II heir - When a brother or sister apply for legal heirship certificate of their deceased brother or sister who died without leaving any Class-I heir, then same can be examined by Tehsildar and legal heirship certificate can be issued if there are no rival claimants...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Taking custody of jewellery for safety cannot constitute cruelty within meaning of S.498-A IPC...........
