Indian Penal Code, 1860, Section 376(2) -- Expln. (1) - Gang rape - Accused present on terrace where Prosecutrix was raped and played some or other role - Conviction of 4 out of 7 accused u/s 376(2)(g) - Trial Court could have convicted the 3 acquitted accused under Section 376(2)(g) by taking recourse to explanation (1) to clause (g) of sub-section (2) of S.376 IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution can make use of the presumption as to dowry death as enshrined in section 113-B of the Evidence Act only on proof of ingredients which constitute dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Can be drawn when the following circumstances are proved i.e. (i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to..........
Indian Penal Code, 1860, Section 324, 34 -- Causing hurt by dangerous weapons - Evidence of eye witnesses showing that accused caused hurt by means of weapons referred to in section and corroborated by recovery of weapon from scene of incident and further corroborated by medical evidence - Non examination of I.O. though serious infirmity, is not fatal to prosecution case..........
Criminal Procedure Code, 1973, Section 300 -- Double Jeopardy - Where the accused had been discharged and it has not resulted in acquittal or sentence of the accused, Section 300 Cr.P.C. would not be applicable...........
Constitution of India, 1950, Article 226, 14 -- Price which PUDA can charge from oustee entitled to allotment of plot and who had applied for the same-Policy decision of Punjab Government for allotment of plot to oustee/person whose land acquired for setting up of Urban Estate-Rate to be same which was being charged by PUDA Authorities from other persons who applied under..........
Consumer Protection Act, 1986, Section 2(1),(e), Hindu Minority and Guardianship Act, 1956, Section 8 -- Fixed Deposit - Non-release of maturity value - Ground that father of complainant (minor daughters) had availed of a loan of Rs.2 lacs from the company and the said fixed deposits were debited against his debt - Facts showing that the transaction is not consistent with..........
Indian Penal Code, 1860, Section 302, 324, 323, 34, 120B -- Murder - Appeal against acquittal - Acquittal of the accused held to be on flimsy grounds - The view taken by the trial Court not borne out from the record - The only view which was possible was about the guilt of the accused having been proved beyond shadow of doubt - Judgment of the Additional Sessions Judge set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence under section 138 N.I. Act is made out only if cheque is dishonoured for want of funds in the account and not for the reason that signatures differed...........
Criminal Procedure Code, 1973, Section 299 -- Held that it cannot be disputed that proceedings taken under sub-section (1) of S.299 of the Code though judicial proceedings, cannot be construed as inquiry or trial - Because the statement of the witnesses recorded can only be accepted in evidence in the eventuality where the witnesses, whose statements had been recorded were..........
