Thursday, 14 March 2019
Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved party of alleged illegal act has no objection to such an act—FIR quashed
Thursday, 28 February 2019
Civil Procedure Code, 1908, S.ll--Res judicata-Once the judgment passed in the previous suit have been filed which notices the necessary pleadings of the parties, discusses the evidence led by the parties and thereupon decide the very question involved in the present case, such findings would operate as res judicata
Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable
Will--Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-
Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted
Anticipatory Bail--NDPS--Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted
Indian Penal Code, 1860, S.420--Cheating-Anticipatory Bail-Pake Visa-Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-
Wednesday, 27 February 2019
Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)--Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted
Prevention of Corruption Act, 1988, S.I 3--Anticipatory Bail-Demand for Bribe--Application for registration of F.I.R has been made long after about one year from alleged date of demand and retirement of petitioner--F.I.R was registered after about further one year from date of such application-Bail granted
Civil Procedure Code, 1908, O.18 R.3-A--Examination as own Witness--Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed
Eviction--Impairing the value of building—Space for storage has been created by the wooden shaft at the absolute near end of premises, which has been depicted as 'Godown'--Local Commissioner has not reported any damage to the building or to the wall has been caused because of use of the wooden shaft-Eviction petition held to be rightly dismissed
Even if it is presumed that the wife is staying in the one room constructed on the plot purchased by the husband, the fact remains that the respondent needs money to sustain not only for herself but also for her minor daughter-Husband drawing a salary of Rs.36,054/- per month-Award of Rs. 10,000/- per month as interim maintenance held to be justified
Tuesday, 26 February 2019
Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.14~Physical Possession—Injunction—Stay application-Petitioner claiming to be tenant and the property that has been ordered to be taken possession of—Held; Remedy of the petitioner would lie before Debt Recovery Tribunal and not before Civil Court to save his possession—Since tenant had erroneously approached Civil Court, stay granted to tenant to approach DRT for further relief
Friday, 22 February 2019
Bail—NDPS— Commercial Quantity—Weighing Scale—Recovery of 60 grams of intoxicant powder which is more than non-commercial quantity of 50 grams—Keeping in view the fact that the powder was not weighed with the help of digital scale, there is every possibility that recovery may have fallen in non-commercial category-There may be error in weighing the powder, if it is weighed with ordinary scale-Bail granted
Thursday, 21 February 2019
Accident—Rash and Negligent Driving—Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of the alleged offending vehicle—But that does not prove that accident occurred due to rash and negligent driving of the alleged offending vehicle
Accident—License—Tribunal in its judgment at one side stated that the driving licence cannot be said to be fake as it is contrary to a notification—However, in the end of the order, it was stated that the driver was not holding an genuine driving licence yet gave 50% recovery rights to insurer—Matter remanded back to decide the issue afresh
Tuesday, 19 February 2019
Accident—Injury—Post surgery expenses— Appellant was operated upon four times, was hospitalized twice and remained in two different hospitals for 18 days—Additional amount of Rs.50,000/- awarded to cover up the amount spent on special diet, attendant, transportation and to compensate for pain and suffering
Panchayati Raj—Recovery from Sarpanch—Order ofBDPO for recovery of loss or misapplication ofpanchayat funds—Until and unless the concerned person has availed his right of appeal, against said order, no criminal liability can be fastened on an Ex Sarpanch. Panchayati Raj—Misapplication of Panchayat Funds—Recovery from Sarpanch—Sarpanch is entitled to protection against civil and criminal liability in respect of an act done in good faith under the Act
Saturday, 16 February 2019
Reference by Magistrate to CJM—Magistrate having passed a full fledged judgment acquitting one of the co-accused while holding the petitioners guilty, the same can be said to be merely an opinion of guilt qua the petitioners even though the same has been drafted in the form and style of a judgment Reference by Magistrate to CJM—No appeal would be maintainable against opinion or finding of the referral Magistrate regarding guilt of the accused and it is only after the CJM, in exercise of powers under 325 Cr.P.C., sentences him that an appeal would be maintainable.
Thursday, 14 February 2019
Abetment to Suicide—Quashing of Charge—Prosecution failed to produce prima facie evidence against present petitioner that they abetted the deceased in a manner to instigate him in committing suicide—Charges quashed Quashing of Charge—Court is concerned primarily with the allegation taken as a whole whether they will constitute an offence or it is an abuse of the process of court leading to injustice
Protection of Children from Sexual Offences Act, 2012, S.3 and S.4—Rape— Minor girl—Bail-Allegation that accused enticed and abducted the minor girl for purpose of marriage—No role has been attributed to present petitioner(mother of boy) in commission of offence—Petitioner is behind bars for about 5 months—Trial to take time—Bail granted
Rape—Bail—Consenting party—Prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive of consensual relationship and submitting to the desires of the accused culpability of offence to be decided during trial which would take time to conclude—Bail granted
Bail—Cancellation of—Bail once granted, the same can be cancelled on account of its misuse or if the order granting bail suffers from serious infirmities or perversity Bail—Cancellation of—Bail once granted cannot be cancelled only on the ground that a number of FIRs were registered against the accused and he managed the statement of complainant.
Wednesday, 13 February 2019
Complainant (mother of victim) contended that her daughter has been enticed away and marriage had been solemnized with a minor girl—While giving protection to run away couple, High Court had clarified that there is no prohibition in initiating the complaint under Child Marriage Act—However, marriage has not been challenged either by complainant or her daughter and couple has been residing happily together—Continuation of criminal proceedings will jeopardize their married life—FIR quashed
Friday, 8 February 2019
Bail— Manufactured Drug—NDPS-Recovery of about 616 strips of tablets containing salt Alprazolam and huge recovery of tablets containing Tramadol Hydrachloride—Strips containing Alprazolam were recovered from car driven by petitioner and not from his personal possession—Tramadol Hydrachloride does not fall under NDPS Act—Aplrazolam is Schedule 'H' drug—Bail granted
Indian Penal Code, 1860, S.302 and S.323—Murder—Bail—Multiple Injuries— No specific injury has been attributed to petitioner—Material witnesses have also not attributed any specific injury to petitioners—Out of 31 only 18 witnesses have been examined so far—Seven co-accused persons are already on bail—Petitioner also granted bail
Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 and S.21—Bail— Huge Recovery—NDPS—Recovery of 143 kgs of poppy husk from truck— Petitioner is in custody for more than 1 year and 4 months—Out of 16 prosecution witnesses only 4 have been examined so far—All the witnesses are official witness—No other case under NDPS Act pending—Bail granted
Tuesday, 5 February 2019
Narcotic Drugs and Psychotropic Substances Act, 1985, S.22 & S.50—Bail— Personal Search-At the time of personal search, neither any Gazetted Officer nor Magistrate was present, meaning thereby, the search was not conducted in presence of either of the officers; no independent witness was joined at the time of alleged recovery—Bail granted
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