Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 77 kg 500 gm poppy husk - Secret information - Charges were framed on 1.8.2019 - Till date not even a single PW has been examined - No other case is pending against petitioner - Trial of case is likely to take time - Bail granted to petitioner...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Victim was 7 years old and accused was 22 years old at the time of occurrence - Act of accused of committing rape of 7 years baby is abhorrent - Since rape was committed of a baby being below age of 12 years in the year 2004 and accused also uncle in relation, trial Court rightly convicted and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murdered man found alive - 15 years long agony of accused - Deceased/son of complainant was found alive and was in touch with complainant - Police opined that FIR is liable to be cancelled as per SIT report and report filed u/s 173 Cr.P.C - Complainant filed protest petition - However, Magistrate on basis of report of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Deceased died unnatural death within 3-1/2 years of her marriage - Motive of offence is non-fufilment of demand of dowry - Accused is in jail since 2006 and has served out about 14 years and 4 months of sentence (without remission) - There is no special and rare feature attracting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased not discovered or identity of dead body is disputed - Directions issued Viz: (i) Where dead body of deceased not discovered or identity of dead body is seriously disputed or is in doubt, investigating agencies/prosecution must make all efforts to collect and produce before Court all possible..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
