Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Probation of Offenders Act, 1958, Section 4, 12, Indian Penal Code, 1860, Section 354A -- Benefit of probation - Outraging modesty of woman - Accused used criminal force upon victim which by no stretch of imagination can be stated to be decent behaviour - Moreover, offences of sexual harassment of a woman is not to be taken lightly, as such offences are heinous in nature..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Indian Penal Code, 1860, Section 363, 376(2)(n), 377, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix has turned hostile and did not support prosecution version - Petitioner is in custody since 2019 - Trial of case is likely to take some..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused had made assault on deceased and she sustained simple injuries - However, no fracture or grievous injury was found over body of deceased - Deceased was aged about 88 years, therefore, being sick and infirm, she could not bear assault of Danda and died after some time - Accused had no..........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Affidavit filed by prosecutrix in Court stating that she had lodged case against accused under pressure, cannot be relied upon in view of statements of prosecutrix herself, her husband and her daughter - Conviction upheld...........
Indian Penal Code, 1860, Section 379, 114, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(2) -- Detention - Simplicitor registration of FIR/s - By itself cannot have any nexus with the breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act - Moreover, no other relevant and cogent..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 333, 353 -- Quashing of proceedings - Compromise - Offence u/ss 186, 333, 353 IPC - Compromise entered into between parties - Offences in question are not heinous offences or serious offence of mental depravity, nor it involves offence covered under Prevention of Corruption Act - Chances of..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Age of prosecutrix - Prosecutrix was student of class III and certificate of school depicts her date of birth on the date of incident about 9 years - Defence in their statement has not objected age of prosecutrix rather accepted the same - Age of prosecutrix on date of incident is definitely less than 18 years and she was..........