Indian Penal Code, 1860, Section 302 -- Murder - Incident occurred in presence of two eye witnesses who were acquainted with both the accused - I.O has objectively determined spot by preparing spot map - Chemical examination report shows that grass leaves, straw, Bamboo Kani, torn cloth seized from spot were stained with human blood - This aspect in fact corroborates..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear in Court due to COVID-19 pandemic - Explanation offered by complainant is very reasonable and extremely probable - Court should not have dismissed the matter due to non-prosecution and should have taken other recourse - Impugned order set..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Court fees -- Insufficient Court fees - If insufficient Court fees are paid in proceedings, be it a civil or criminal, the proceedings should not be dismissed at threshold, rather Court is under a duty to give a reasonable opportunity to petitioner in a complaint case or plaintiff in a civil proceeding to pay deficit court fees...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of father by son - Three dying declarations - Eye witness to incident categorically deposed about accused pouring kerosene on her and also on deceased and setting him on fire - Three dying declarations were recorded by Magistrate, Assistant Sub-Inspector of Police and Inspector of police..........
Indian Penal Code, 1860, Section 364A -- Kidnapping - Second condition "threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt' - Held, second condition is also a condition precedent, which is requisite to be satisfied to attract S.364-A of IPC...........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - Wife of accused stated that accused came to her house in a drunken state which fact is corroborated by her son - Eye witnesses being inmates are natural witnesses to occurrence - Even though accused was in a drunken state, conduct of accused shows that he has intention to commit offence - Medical evidence..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Dismissal of petition - Bonafide need - Need of landlord qua tenanted premises have to be essentially considered on date of institution of the petition as is instituted in 1988 as per which Additional Rent Controller rightly held that petitioner of eviction petition bonafide require tenanted premises for..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory bail - Dismissal of application - Power of High Court to grant further relief - Accused granted 90 days time to surrender before trial Court and to seek regular bail and granted protection from coercive action for the said period - Even when Court is not inclined to grant anticipatory bail to an accused, there..........
