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, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased died due to several external injuries with the evidence of sexual assault - However, evidence of PW2 and PW3 does not inspire confidence for more than one reason - Had they really seen the incident, information would have been disclosed to police even while lodging the complaint -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - If sentence imposed by trial Court is for a fixed term, then ordinarily appellate Court should consider the plea for suspension of sentence liberally, unless there are any exceptional circumstances emerging from the record of the case to decline such..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - Accused is 70 years of age and out of four years of maximum sentence, he has already undergone 2 years of sentence - He is virtually blind - Nothing on record to show that release of accused on bail pending appeal would thwart the course of justice -..........
