Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused has not played any active role or any positive or direct act to instigate or aid the deceased/husband in committing suicide - No proximate link between marital dispute in marriage with deceased and commission of suicide - Prosecution has failed to collect any evidence to substantiate allegations against..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 and A-2 being surgeons demanded bribe for performing operation in Government hospital - However, operation was performed by A-2 - Neither operation was conducted by A-1 nor cell phone was taken by A-1 - Further, spontaneous explanation was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Appellant made extra judicial confession before PW1 - PW1 was a village kotwal - Appellant had no close acquaintance with PW-1 for a certain length of time before the incident - If a person wants to confess to the crime committed by him, he will do so before the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3, 32(1), 8 -- Murder - Husband and his relatives set deceased on fire by pouring kerosene on her - Divergent statement by witnesses regarding cause of harassment meted out to deceased - Witnesses claimed to be present besides deceased till her death but they did not speak about recording of dying..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - One recorded by ASI and second by Executive Magistrate - In dying declaration recorded by Executive Magistrate, deceased made a general and vague allegation that people of her house had set her on fire - In dying declaration before ASI deceased made detailed allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Challan stands presented and charges are yet to be framed - Trial is prolonged and likely to take long time, as out of 13 PWs none has been examined - Accused already suffered sufficient period in custody and is not involved in any other case..........
