Criminal Procedure Code, 1973, Section 91 -- Summoning of call details of police personnel - Recovery of contraband - Petitioner stated that witnesses of recovery of narcotic were not present at the scene of crime at the time of preparation of seizure memo - But petitioner had not disclosed that from whom and when he received such information - No allegation made by..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Delay in lodging FIR - Rape - Victim was 14 years old at the time of incident - It is natural that her reaction and response as far as information of said incident to her mother is concerned, could not be reported immediately - Evidence on record shows that..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegation by wife that husband was having relationship with one `G' and many other women - While being examined wife stated that she got information about the same from other sources - What was the source under which she got information not specifically stated - Allegation..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Airlines - Deficiency in service - Compensation - Respondents contended that they were left behind by ground staff of appellant Airlines and concerned flight departed, without any information about its departure given to them - Even, respondents requested ground staff of appellant to accommodate in next available flight but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of psychotropic Substance - Commercial quantity - Information regarding recovery was received by NCB from CISF Control room, Airport - Investigation of the case is conducted in a very perfunctory manner - Even the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Offence u/ss 8, 15, 29 of NDPS Act - I.O specifically stated that except information supplied by accused while in police custody, no other independent evidence was collected against petitioners - Bail held, granted to petitioners...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 294, Information Technology Act, 2000, Section 66(E), 67, 67(A) -- Anticipatory bail - Offence u/ss 120-B, 294 IPC and Ss.66(E), 67, 67(A) IT Act - Perusal of FIR shows that it would be a matter of trial whether offence u/s 67(A) of IT Act is made out or not, as all other offences are..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Testimony of eye witnesses - Police station is situated only at distance of 11 km and police got no information about incident even though it has been claimed that two eye witnesses saw the incident in midnight - Even village chowkidar did not inform about the incident - Both the eye witnesses kept silent and did..........
