Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 376D, 341, 323, 457, Protection of Children from Sexual Offences Act, 2012, Section 5(G)(L), 6 -- Bail - Kidnapping and rape - Accused is in custody since 2.11.2023 - He is not involved in any other case - Trial is likely to take its own considerable time - No useful purpose..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - If prosecution materials makes out an offence, non-mentioning of it in the final report does not bar the trial Court from framing a charge for that offence...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Relationship between parties was existing for a long period of 10 years - However, prosecutrix never realized that accused was exploiting her by developing physical relation with her continuously - Consent in such case cannot be considered to be a consent..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Failure to keep promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506 -- Rape - False promise of marriage - Prosecutrix and accused are major, well educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because accused refused to marry her - Consensual..........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
