Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - No clause in the transfer deed that petitioner/son is liable to maintain respondent No.5 - Even, nothing on record with regard to non-providing of basic amenities by petitioner - Once maintenance was granted by Tribunal, same cannot be set aside without pointing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 20 kg Ganja - Recovery effected from taxi of appellant/driver while he was carrying two passengers who fled away from the scene - It cannot be said with any certainty that appellant himself was carrying the contraband or has connived to carry said contraband in his vehicle - No incriminating..........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons initially issued to defendant were received back unserved and plaintiffs were directed to file fresh correct addresses of defendant - Thereafter notices were sent at new address, which were received back unserved - AD receipts were also not received back and thereafter publication was..........
Indian Penal Code, 1860, Section 279, 304A, 337, 427 -- Rash and negligent driving - None of witnesses have stated as to what was registration number of vehicle involved in accident - It has not been stated by any of witnesses that petitioner was driving vehicle and was driving in a rash and negligent manner - Prosecution has tried to project that after incident,..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Allegation against brother-in-law of deceased - No evidence on record that appellant abetted commission of suicide - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
