September 2020

Bail—Rape—MLR findings suggests that the prosecutrix had been sexually assaulted recently—Prosecutrix staying with her husband, the possibility of her indulgence with her husband cannot be ruled out—FSL/DNA report, is awaited—Bail granted

By | September 10th, 2020|Categories: Bail Granted|

Bail—Narcotics—Petitioner was involved on disclosure statement of main accused that contraband was supplied by petitioner through his truck—No witness has been examined so far—Bail granted

By | September 10th, 2020|Categories: Bail - Narcotics|

First Appeal—Non formulation of points for determination—Mere deviation from procedural requirements under Order 41 Rule 31 CPC does not call for any interference to disturb the concurrent findings of facts recorded after elaborate evaluation of record by the Courts below

By | September 6th, 2020|Categories: Regular Second Appeal|

False Evidence in Court—Perjury—Non conducting of enquiry with regard to expediency/usefulness of filing the complaint before proceedings further under S.340 CrPC—Application u/s 340 CrPC and all subsequent proceedings liable to be quashed

By | September 6th, 2020|Categories: Perjury|

Dishonour of Cheque—Advancement of Loan—FIR was registered against son of complainant on statement of son of accused—Version that complainant had given friendly loan to the accused that too after registration of FIR is not believable—Acquittal upheld

By | September 6th, 2020|Categories: Cheque Bounce|

Bail—Narcotics—Loose Capsules were recovered—Small sample sent for chemical examination—Presumption that all loose capsules contained same salt cannot be raised—Without commenting on merits; bail granted

By | September 6th, 2020|Categories: Bail - Narcotics|

Dishonour of Cheque—Advancement of Loan—Nothing on record to prove that the complainant knows much about the accused nor he has any written acknowledgment regarding lending big amount to the accused-Accused acquitted

By | September 6th, 2020|Categories: Cheque Bounce|

Dishonour of Cheque—Advancement of Loan—Complainant has not disclosed his source of income—Financial condition of the complainant is not such as to advance such a huge amount of money i.e. Rs.3,00,000/- –Accused acquitted

By | September 6th, 2020|Categories: Cheque Bounce|

Dishonour of Cheque—Additional Evidence in Appeal—Statement of accounts and book of accounts sought to be produced–Allowing of the applications will amount to re-trial of the case-­Application dismissed

By | September 6th, 2020|Categories: Cheque Bounce|

HELD “… difference between the offences in Section 195(1)(b)(i) & Section 195(1)(b)(ii) of the CrPC – Where the facts mentioned in a complaint attracts the provisions of Ss 191 to 193 of the IPC, Section 195(1)(b)(i) of the CrPC applies. The offence punishable under these sections does not have to be committed only in any proceeding in any Court but can also be an offence alleged to have been committed in relation to any proceeding in any Court.

By | September 3rd, 2020|Categories: Complaint|

August 2020

Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 – Section 4(5) – Constitution of India, 1950 – Articles 14, 15, 16, 338, 341, 342, and 342A – Permissibility of Sub-Classification within Scheduled Castes or Scheduled Tribes Reservation – State Government has the power to make reservation and make such sub – classification and that would not amount to tinkering with lists. Matter referred to larger bench.

By | August 27th, 2020|Categories: Constitution of India|

DB : The appellants, were charged with and tried for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal code HELD it is held that the prosecution has not been able to prove the case against the accused beyond reasonable doubt.

By | August 19th, 2020|Categories: Acquittal|

REHA CHAKRABORTY – CBI – HELD Appropriate to invoke the powers conferred by Article 142 of the Constitution. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter. Therefore while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well.

By | August 19th, 2020|Categories: Constitution of India|

Constitution of India, 1950 – Arts 14 and 51A (h) – Black Lives Matter – Derogatory term is not only unprintable but is unspeakable in the present times, in public or in private dealings between African/foreigner and the police personnel and equally in social circles in our Court’s territory as elsewhere – If a witness or an accused uses that derogatory racial term dealt with, he should be taken to task

By | August 10th, 2020|Categories: Constitution of India|