Indian Penal Code, 1860, Section 376 -- Rape - Promise to marriage and subsequent physical relationship between prosecutrix and accused with consent would not amount to rape...........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Cheating - Forged documents - Material placed on record that allegations are based on conjecture and surmises and are manifestly intended to malign appellants - No dishonest inducement or gain is demonstrated, nor is there any wrongful loss caused to State or a third party - There is no allegation that any of appellants..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- (As amended) - Offence u/s 6 of the Act - Offence was committed on 20.05.2019, prior to amended S.6 of the Act - Sentence of imprisonment for life meaning remainder of natural life as per amended provision, did not exist in the statutory framework on date of incident - Under unamended S.6 of the Act,..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
