Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 302, 120B -- Anticipatory bail - On parity basis - Absconding accused - Dowry death - Allegation against mother-in-law of deceased - Specific allegation on record accusing mother-in-law of deceased of paying a key role in alleged offence - Conduct of accused absconding for more than 2 years..........
Indian Contract Act, 1872, Section 28 -- Lawful agreement to refer the matter to arbitration can be made a condition precedent before going to Courts and it does not violate S.28 of the Act...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Indian Contract Act, 1872, Section 17 -- Fraud - Feigned ignorance about nature of document - Cannot be said to be an instance of fraud...........
Indian Penal Code, 1860, Section 427, 447, 506, 120B, 34 -- Offence u/ss 427, 447, 506, 120-B, 34 IPC - Offence by company - Chairman, Managing Director, Executive Director, Deputy General Manager, Planner and Executor cannot automatically be held vicariously liable for offence in question, unless there are specific allegations and averments against them with respect to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Without positive act on the part of accused to instigate or aid in committing suicide, no one can be convicted for offence u/s 306 IPC - To proceed against any person for the offence u/s 306 IPC, it requires an active act or direct act which led the deceased to commit suicide, seeing no option and that act must..........