Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Indian Penal Code, 1860, Section 420, 406, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Petitioners have already been declared innocent during investigation - Continued inclusion of petitioners names in FIR amounts to undue harassment to petitioners - Names of petitioners directed to be removed from all the records where they are..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366A, 368, 376, 342, 370, 370A, 373, 109, 120B, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 5, 7, Protection of Children from Sexual Offences Act, 2012, Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 23 -- Bail - Kidnapping and rape - Forced..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere association or presence at the site is not sufficient to attract liability u/s 120-B IPC...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Conviction u/s 120-B IPC cannot be sustained in the absence of substantive evidence of any conspiracy or meeting of minds between accused and co-accused...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 102 -- Murder - Seizure u/s 102 Cr.P.C. unless it is linked to crime cannot be relied on to convict the accused for murder on the conspiracy alleged...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........