Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - While considering application for discharge or at the time of framing of charge, Court is only required to weigh material and evidence on record to find out whether prima facie case is made out against accused, which raises strong suspicion against him to have committed the offence and if it is found that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Advocate on panel of Bank - Issuing false non encumbrance certificate by Advocate - Plea that non encumbrance certificate was issued to extend pecuniary advantage to the farmers - There is no basis on record for making such statement except that non encumbrance certificate was not found proper - There..........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband had led specific instances of cruelty while relying upon evidence of PW2 to PW5, though specific date and time is not given for all incidents averred - Ground of cruelty proved on record - Divorce petition allowed...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charge, defence evidence of accused shall not be considered - Accused has right to produce evidence at the stage of defence after recording statement u/s 313 Cr.P.C...........
