Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 453, 506 - - Quashing of FIR - FIR registered against petitioner on basis of order passed by District Magistrate, while exercising powers under the Punjab Act - Held, said order is without any jurisdiction and authority in law for reason that said Act is not applicable to the State of Haryana in..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 13 hours in lodging FIR - Reason explained that victim belonged to low caste and several persons gathered to decide future course of action - FIR of an offence of rape is lodged after giving a serious thought - Delay property explained...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Execution - Words 'of any guarantee in respect of any loans or advance granted to the industrial Company' - Means the guarantee given by industrial company itself and none else - No reason to take a view otherwise - Under S.22 of 1986 Act guarantors have no protection against execution proceedings...........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence - Appreciation - Doctor examining Prosecutrix found no secondary sexual characters developed - Did not notice any external injury - Found that hymen was torn but no active bleeding was noticed - Doctor admitted that hymen can torn for any other reason - Probability of false accusation cannot be ruled out...........
Industrial Disputes Act, 1947, Section 2(1)(ra) -- Transfer - Unfair labour practice - Non joining of workman at the place of transfer - Enquiry held but he chose not to avail of the opportunity before the Enquiry Officer - The workman could not have hoped to start fresh finding from the Labour Court, without successfully assailing that the enquiry was not fair or proper -..........
Indian Penal Code, 1860, Section 107, 306, 498A -- Suicide - Abetment - Husband solemnizing second marriage - For a male to have more than one wife was a part of custom and culture of the society of accused and deceased - In such circumstances second marriage of husband cannot be a cause to commit suicide and for this reason accused cannot be blamed to have abetted the..........
Indian Penal Code, 1860, Section 107, 306, 498A -- Suicide - Abetment - Illegal relationship - By itself not sufficient to hold accused guilty of offence of abetment of suicide - Illicit relationship may be a reason for suicide, but cannot be said to be abetment which requires a positive step to be taken by person to induce the commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 12 kg. - Report of Chemical Examiner not exhibited - Unsigned copy of Chemical Examiner report supplied to accused - Prosecution neither denied supply of such unsigned photocopy nor examined Chemical Examiner - CFSL form not prepared at the spot - Independent witness not joined and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
Evidence Act, 1872, Section 30 -- Judicial Confession - Use against co-accused - Held, in the absence of any independent evidence, the statement of co-accused cannot be treated as substantive evidence to hold such other co-accused guilty of the alleged offences - Such confessions can be used as additional reason for believing evidence against co accused...........
