Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Abetment of suicide - Material indicates that several complaints were filed by deceased - Last of them was filed few days before suicide - Accused allegedly taken loan of Rs.5 lakhs through fraudulent means in the name of deceased and an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were..........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 323 IPC and S.3(1)(x) of SC/ST Act - Incident took place in the residential quarter of PW14, who is daughter of complainant - However, PW14 not supported prosecution case - Genesis of case is suppressed by prosecution - No..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Constitution of India, 1950, Article 142 -- Offence u/s 3(1)(xi) of SC & ST Act - Quantum of sentence - Trial Court convicted and sentenced accused to undergo R.I. for 6 months with fine of Rs.500/-, however, High Court sentenced accused to period already undergone by him and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va) -- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him -..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 8 -- Declaration that land is not private forest - Local inspection report shows that land in question is under cultivation - No forest trees are found in Scheduled property - Land was cultivated with cashew nuts and rubber trees - It was thus, not covered by Madras Preservation of Private Forest Act and..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
Civil Procedure Code, 1908, Section 9, Constitution of India, 1950, Article 342 -- Suit for declaration that plaintiff belongs to Scheduled Tribe Community - Suit is not maintainable...........
