Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen together - Deceased was last seen together with A-2 - However, time gap between noticing dead body of deceased and his presence with A2 is enormous - Last seen evidence held, not proved - Motive of crime also not proved - Prosecution failed to prove its case - Accused rightly..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Landlady categorically pleaded in her petition that her son had become busy in his own business and her daughter had got married due to which landlady felt lonely and wanted to start running a boutique as she was educated besides having knowledge of work of..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 5(11)(c)(ii) -- Rent and eviction - S.5(11)(c)(ii) of the Act provide that persons carrying on business with statutory tenant at time of death would be entitled to continue as a tenant - In absence of such member any heir of deceased tenant as may be decided by Court in default of agreement would get..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - As per I.O. said accused was not present at the place of occurrence at the time of incident - Additional accused summoned without considering evidence collected by I.O. - Order summoning additional accused set aside - Matter remitted for decision..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere allegation of harassment without any positive action in proximity to time of occurrence on part of accused that led a person to commit suicide, conviction in terms of S.306 IPC will not be sustainable...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations of harassment very general in nature - In fact, said allegations against accused appears for first time at the time of filing FIR - Reliance on general oral testimonies of PW, without any supporting evidence would be misplaced - There has to be positive action that creates a situation..........
Criminal Procedure Code, 1973, Section 173(2) -- Final Report - When on consideration of report made by Officer incharge of a police station u/s.173(2)(i)(g) of Cr.P.C. if Magistrate is not inclined to take cognizance of offence or that Magistrate decides not to take cognizance of offence or takes a view that there is no sufficient ground for proceeding against some of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 500 gms intoxicating powder (Tramadol) - Two reports of police - In one it is declaring petitioner as innocent and in other, declining plea of his defence version - It will be a matter before trial Court to see as to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Hindu Succession Act, 1956, Section 6 -- Right of daughters to partition during life time of father - Plaintiffs being co-parcenars with defendant no.1/father, are entitled to maintain partition suit during life time of defendant no.1/father...........
