advocate in delhi

एफआईआर को महज इसलिए रद्द नहीं किया जा सकता, क्योंकि व्हाट्सएप पर महिला की नग्न तस्वीरें पोस्ट करने वाला आरोपी उसका पति हैः इलाहाबाद हाईकोर्ट advocate & solicitor इलाहाबाद हाईकोर्ट ने पिछले सप्ताह एक ऐसे व्यक्ति के खिलाफ दर्ज प्राथमिकी(एफआईआर) को रद्द करने से इनकार कर दिया, जिस पर व्हाट्सएप पर अपनी पत्नी (शिकायतकर्ता) की नग्न तस्वीरें पोस्ट करने का आरोप है। न्यायमूर्ति पंकज नकवी और न्यायमूर्ति विवेक अग्रवाल की खंडपीठ ने आरोपी की तरफ से दायर आपराधिक विविध रिट याचिका को खारिज करते हुए कहा कि, ''आईटी अधिनियम की धारा 67 के तहत किए गए अपराध के संबंध में लगाए गए आरोप प्रथम दृष्टया बन रहे हैं क्योंकि विशेषतौर पर व्हाट्सएप पर शिकायतकर्ता की नग्न तस्वीरें डालने का आरोप लगाया गया हैं। ऐसे में,केवल इसलिए कि याचिकाकर्ता शिकायतकर्ता का पति है, प्राथमिकी को रद्द करने के लिए एक वैध आधार का गठन नहीं करता है।'' मामला न्यायालय के समक्ष याचिकाकर्ता ने एक याचिका दायर कर आईपीसी की धारा 270, 313, 323, 376 डी, 34 और आईटी एक्ट की धारा 67 के तहत दर्ज एफआईआर को रद्द करने की मांग ...

किसी मामले में जब कैदी कस्टडी पैरोल प्राप्त कर लेता है तो उसे सभी संबंधित अदालतों से अनुमति लेने की आवश्यकता नहीं है: दिल्ली हाईकोर्ट

किसी मामले में जब कैदी कस्टडी पैरोल प्राप्त कर लेता है तो उसे सभी संबंधित अदालतों से अनुमति लेने की आवश्यकता नहीं है: दिल्ली हाईकोर्ट कोर्ट ने कहा कि याचिकाकर्ता वर्तमान में कई अपराधों के लिए न्यायिक हिरासत में है, जिनमें से कुछ में वह एक दोषी के रूप में सजा काट रहा है, जबकि अन्य मामलों में, वह अभी भी अंडरट्रायल है। तो, यह सवाल उठता है कि क्या याचिकाकर्ता के लिए यह आवश्यक है कि वह संबंधित ट्रायल कोर्ट से प्रत्येक मामले में कस्टडी पैरोल प्राप्त करे, इससे पहले कि वह किसी मामले में कस्टडी पैरोल का लाभ उठा सके? सवाल का नकारात्मक जवाब देते हुए, कोर्ट ने दिल्ली हाईकोर्ट की डिवीजन बेंच द्वारा स्वयं के प्रस्ताव बनाम राज्य, 20.01.2020 (Crl.Ref. 5/2019), के मामले में दिए एक फैसले का उल्लेख किया, जहां आयोजित किया गया था, "चूंकि कस्टडी पैरोल सीमित अवधि के लिए है, इसलिए यह आवश्यक नहीं है कि अभियुक्त को प्रत्येक संबंधित ट्रायल कोर्ट से कस्टडी पैरोल प्राप्त करना होगा और अंडर ट्रायल को कस्टडी पैरोल पर भेजने से पहले अन्य अदालतों की अनुमति आवश्यक नहीं है। खंडपीठ ने खंडपीठ के फैसले...

बेटी को बेटे के बराबर पिता की संपत्ति में हक है

बेटी को बेटे के बराबर पिता की संपत्ति में हक है Advocates सुप्रीम कोर्ट ने अभी जो फैसला दिया है बेटी के पक्ष में ,उसमे बेटी को बेटे के बराबर पिता की संपत्ति में हक है .आइये इसे एक उदाहरण से समझते है ,जैसे मोहन के दो बेटे और एक बेटी तथा एक पत्नी है और मोहन के पास चालीस बिगहा जमीन है जो मोहन को उसके पिता से मिली थी ,अब मोहन मर जाता है 2010 में .अर्थात 09/09/2005 के बाद . अब इसमें बटवारा करना है तो देखिये और समझिये की बटवारा अब कैसे होगा . सबसे पहले मोहन को काल्पनिक तौर पर जिन्दा मान लिया जायेगा और चालीस बीघा जमीन में चार हिस्सा लगेगा जिसमे दोनों बेटे ,मोहन की पत्नी और खुद मोहन का हिस्सा जो की मर चूका है ,इसे नोशनल बटवारा कहेगे और अब हर एक के हिस्से में आएगा दस बिगहा .अर्थात दस बीघा मोहन को जो मर चूका है ,दस दस बिगहा दोनों बेटो को और दस बिगहा मोहन की पत्नी को .अब बेटी का हिस्सा कहा है तो वो अब आगे मिलेगा अर्थात जो मोहन को दस बीघा हिस्सा मिला है उसमे फिर से बटवारा होगा क्युकी मोहन तो मर चूका है .अब दस बीघे का जो मोहन का हिस्सा है उसका बटवारा इस प्रकार होगा .......

Section 439 Bail CRPC Offence u/s 304-B IPC

_*• Section 439 Bail CRPC Offence u/s 304-B IPC Deceased allegedly committed suicide with 7 years of marriage Main allegations appears to be that the Petitioner husband's niece used to create differences between the couple Allegations as to violence or physical harassment not disclosed in the statements of the father, mother and sisters of the deceased Investigation found already completed Protection against any coercive action granted to the niece and she found regularly appearing before the Trial Court Resultantly, considering previous custody of applicant husband, bail granted subject to certain conditions.[Paras 10 to 13]*_ _*Shyam Kishor v/s State BA 875/20 [ 21/05/20 [ Prathiba JJ ]*_ _*[ DELHI HIGH COURT ]*_ Advocate & solicitor 8851250058

Section 374(2) read with Section 383 CRPC POCSO ACT Sections 5(m) and 6

December 24, 2020

_*• Section 374(2) read with Section 383 CRPC POCSO ACT Sections 5(m) and 6 Sexual assault with minor Testimonies of victim and mother Material improvements in statements of child victim and her mother Testimony of child victim that she was told by her mother about what to say in Court MLC records that child victim's hymen found partially torn but neither any injury nor any blood was noticed either in vagina or on her clothes Child victim not changed her clothes and no opinion given as to whether partial hymen tear was fresh or old Moreover, FSL report shows that no blood was detected on her clothes - Therefore, order of conviction and sentence set aside. [Paras 21 and 22]*_ _*Altaf vs State CRL-A 474/20 03/12/20 [ MANOJ KUMAR JJ ]*_ Advocate & solicitor _*[ DELHI HIGH COURT ]*_ Advocate and solicitor 8851250058

Sections 376

December 23, 2020

_*• Sections 376 Rape Quashing of FIR Matter compromised between accused and prosecutrix Statement of Prosecutrix that FIR lodged out of anger reason being she and accused had altercation Unconditional apology by prosecutrix Thus FIR should be quashed in case of rape when prosecutrix herself takes initiative and file affidavits before High Court, stating that she made complaint due to some misunderstanding and now wants to give quietus to misunderstanding which arose between parties Hence, FIR liable to be quashed. [Paras 7 to 11]*_ Advocates _*Lalit kumar vs State CRL-MC 2384/20 04/12/20 [ SURESH KUMAR JJ ]*_ _*[ DELHI HIGH COURT ]*_ Advocate & solicitar 8851250058

Section 313 CRPC

December 23, 2020

_*• Section 313 CRPC Power to examine the accused Confession was not challenged during stage of framing of charge or over the course of examination of forty seven prosecution witnesses, but instead only partly disputed through a letter written in secret just before petitioner's examination under Section 313 of the Code. It is thus evident that such retraction at the fag-end of the trial, was not natural but rather meticulously formulated, perhaps as a part of defence strategy*_ Advocates _*Manoharan vs State RPCRL 446/19 07/11/19 [ SANJIV KHANNA JJ ]*_ _*[ SUPREME COURT ]*_ Advocate & solicitar 8851250058

Order 14, Rule 4, Order 19, Rule 3 CPC

December 22, 2020

_*• Order 14, Rule 4, Order 19, Rule 3 CPC Affidavit by way of evidence Expunging of earlier affidavits On the ground that the same were not reflected in the pleadings Deponent would have to appear before the Court to confirm the contents of the affidavit Deponent can be subjected to cross examination Affidavit cannot travel beyond the pleadings and must contain facts to the knowledge of the deponent Modification directed by the Trial Court not appropriate Affidavit in evidence directed to be read as it is. [Paras 14, 15, 18, 19 and 22]*_ _*Brij Prakash vs Ashwini CMM 650/19 06/02/20 [ PRATHIBA JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites Law Firm 8851250058

Section 376 IPC

December 22, 2020

_*• Section 376 IPC Rape Case Acquittal order Appeal by state against same Fir was lodged pursuant to the complaint made by P She has stated that she had developed a friendship in the year 2013 In the present case, prosecutrix appears to have used the allegation of inducement of physical relationship on the promise of marriage, to not only justify her physical relationship with the accused in the past, but also her conduct after the FIR was filed The prosecutrix had refused an internal medical examination Trial Court had evaluated the evidence on record It had also found serious inconsistencies in the testimony of PW-4 No infirmity with the. impugned decision Ordered accordingly. [Paras 4, 22, 23 and 24]*_ _*State vs Sandeep CRL-lP 532/19 25/09/19 [ VIBHU JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites law firm 8851250058

Order 9 Rule 13 and Order 5 r/w Section 115 CPC

December 21, 2020

_*:- Order 9 Rule 13 and Order 5 r/w Section 115 CPC Setting aside ex-parte decree Plea of non-service of summons Same found not supported by materials on the record Resultantly, impugned order declining prayer for setting aside ex-parte decree, held to be justified and declined to be interfered with in revision. [Paras 5 and 6]*_ Legallites Law Firm _*The Death Of Krishna Biswas, His Legal Heirs v/s Keshab Chandra Dey CWP 530/12 [ Prasanta JJ ]*_ _*[ GAUHATI HIGH COURT ]*_ *______________________ Legallites Law Firm 8851250058

Hindu Marriage Act Section 13B

December 21, 2020

_- Hindu Marriage Act Section 13B Divorce by mutual consent Maintenance Applicant for maintenance Applicant wife filed application for maintenance against husband After decree of mutual divorce obtained by husband In application endeavor was made by Applicant to demonstrate that said decree of divorce was obtained by fraud by giving assurance that marital bond would continue despite decree of divorce and it would remain paper decree There was inaction on part of Applicant for almost 9 years to agitate said grievance of decree Family Judge rightly came to conclusion that said claim of Applicant did not merit acceptance No material on record to indicate at any point of time till filing of Petition for award of maintenance Applicant had ever raised any grievance about decree of divorce having been obtained by fraud.[Para 11]*_ Legallites Law Firm _*Sanjay Damodar Kale v/s Ms.Kalyani Sanjay CRA 164/19 [ Jamadar JJ ]*_ _*[ SUPREME COURT ]*_ *__________________ Legallites ...

Sections 340 read with Section 195 CRPC

December 21, 2020

_*• Sections 340 read with Section 195 CRPC False evidence in Court Perjury - Initiation of proceedings Allegation of husband that wife made certain mis representations to effect that upon ultrasound LegalLites Law Firm conducted upon her, she was found to be carrying a male embryo, which was got aborted whereas in fact no such sex determination possible when pregnancy was barely 7 weeks and 6 days old Held, where falsehood is evident from facts already before Court, Court may form opinion even without holding preliminary inquiry Not expedient to conduct proceedings under Section 340 Cr.P.C., [Paras 9 and 14]*_ _*Parveen Kumar v/s Anju CRM-41654/19 27.09.2019 [ Gurvinder Singh JJ ]*_ _*[ PUNJAB & HARYANA HIGH COURT ]*_ Legallites Law Firm 8851250058

Hindu Succession

December 20, 2020

- Hindu Succession Will Genuineness and Validity Suspicious circumstances Burden of Proof While the burden to prove the will and to satisfy the conscience of the court that there are no suspicious circumstances or if there are any to explain them is on the propounder of the will, the burden to prove that the will is procured by coercion, undue influence or fraud is on the respondents who have alleged the same*_ _*Kalyanaswam v/s Bakthavatsalam CA 1021/2013 [ SANJAY KISHAN JJ ]*_ supreme-court-of-India _*[ THE SUPREME COURT OF INDIA ]*_ *________________ Legallites law firm 8851250058

Appeal against conviction

December 20, 2020

- Sections 363, 366 and 376(1) IPC Appeal against conviction Accused allegedly kidnapped and committed rape upon victim who is below age of 18 years Age of victim proved to be above 16 years but below 18 years Medical evidence neither detecting spermatozoa nor mentioning any external injury on private parts of victim No external injury on any part of the body or vagina region is found Victim herself admitted that she wanted to marry accused but only with consent of her parents Prosecution has not established that rape is committed against the victim's will and without her consent Offence under Section 376 IPC is not made out Conviction under section 363 and 376 set aside but modified under section 366 Appeal partly allowed. [Paras 14, 16, 17 and 26]*_ legallites law firm _*Darji Chirag Urmilbhai v/s State of Gujarat CRL-A 2151/05 [ V.P. Patel JJ ]*_ _*[ GUJARAT HIGH COURT ]*_ *____________________ Legallites law firm 8851250058

Order 41, Rule 27 read with Section 151 CPC

December 20, 2020

_*• Order 41, Rule 27 read with Section 151 CPC Production of additional evidence Neither appellants predecessor nor appellants had any subsisting prima facie title in their favour over suit land on the date of filing suits-Appellants failed to file any document in rebuttal to documents filed by respondent in appeal by way of additional evidence-Such fact alone would have enabled appellants to claim and assert their right of ownership over suit land-Respondent did give explanation for filing additional evidence Judgment passed by High Court upheld. (Paras 23 )*_ Legallites Law Firm _*YP Subhanva v/s Karnataka Milk CA 4412/18 25/04/18 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_ Legallites law firm 8851250058

Section 291 CRPC Medical evidence

_*• Section 291 CRPC Medical evidence Evidentiary value It is not to be treated as sacrosanct in its absolute terms-A medical witness who performs a post-mortem examination is a witness of fact though he also gives an opinion on certain aspects of case Value of a medical witness is not merely a check upon testimony of eyewitnesses; it is also independent testimony-If there is inconsistency or discrepancy between medical evidence and direct evidence or between medical evidence of two doctors, one of whom examined injured person and other conducted post mortem on injured person after his death or as to the injuries, then in criminal cases, accused is given benefit of doubt and let off-Where direct testimony is found untrustworthy, conviction on the basis of medical evidence supported by other circumstantial evidence can be done if that is trustworthy. ( Paras 7 and 10)*_ _*Sanjay Khanderao v/s State of Maharashtra Crl-A 1962/11 03/08/17 [ AK SIKRI JJ ]*_ _*[ SUPREME COURT ]*_ ...

Sections 302, 363, 367, 376(2)(f) and 201 IPC

_*• Sections 302, 363, 367, 376(2)(f) and 201 IPC Kidnapping, rape and murder of girl child-Death sentence-In his disclosure statement under Section 27 of Evidence Act petitioner had shown place where dead body of victim was lying and tap where he had washed his blood stained clothes Prosecution case further corroborated by medical evidence Aggravating circumstances namely extreme depravity and barbaric manner in which crime was committed and fact that victim was a helpless girl of four years clearly outweigh mitigating circumstances now brought on record No case made out to take a different view in the matter-Review petitions dismissed. (Paras 2, 3, 6 and 20)*_ _*Vasanta Sampat v/s State of Maharashtra RPCRl 637/15 03/05/17 [ DIPAK MISRA JJ ]*_ _*[ SUPREME COURT ]*_ Legallites law firm 8851250058

Sections 304B, 498A, 506,34 IPC Dowry Prohibition Act, 1961 Sections 3,4

- Section 439 CRPC Sections 304B, 498A, 506,34 IPC Dowry Prohibition Act, 1961 Sections 3,4 Bail Dowry death Petitioner and deceased set up separate house on account of dispute between deceased and her in-laws Deceased committed suicide Allegations in charge sheet show deceased did not want her in-laws to know her whereabouts No provocation proved Investigation completed Custody of petitioner not required for purpose of investigation and eventual trial Bail granted to petitioner accused No. 1 with conditions. [Paras 5 and 6]*_ _*Vinay Kumar.B @ Vinay S/o.Basavaraju v/sState of Karnataka CRL-P 8527/17 [ John Michael JJ ]*_ _*[ KARNATAKA HIGH COURT ]*_ Legallites law firm 8851250058 *_______________________

Acccident Claim

Acccident Claim Compensation on structured formula basis Claimant need not plead or establish that the death in respect of which the claim was made, was due to any negligence or default of the owner of the vehicle or of any other person In this view of the matter, it is not relevant that the person insured must be the driver of the vehicle but may well have been riding with somebody else driving a vehicle which resulted in the death of the person driving the vehicle. Hon’ble Supreme Court IN Chandrakanta Tiwari……..Versus………New India Assurance Company Ltd. & Anr.; Civil Appeal No. 2527; Decided on June 08, 2020. Legallites Law firm 8851250058

section 302 ipc

December 18, 2020

_*• Section 302 r/w Section 149 IPC Review Setting aside conviction Review Petition preferred by three accused submitting that their case stood on similar footing as that of four accused whose appeals were allowed by Court Role attributed to review petitioners were not in any way different from that attributed to other four acquitted accused Conviction and sentence set aside. [Paras 12 and 13]*_ _*Kaushal Verma vs State of Chattisgarh CRL-A 843/20 08/12/20 [ VINEET SARAN JJ ]* _*[ SUPREME COURT ]*_ Legallites law firm 8851250058

NDPS act section 21,29 and 67

_- NDPS ACT Sections 21, 29 and 67 Confessional statement of accused Applicability against co-accused - Apart frostatements of co-accused no material sug gesting involvement of appellant in crime in question Such confessional statement of co-accused not by itself to be taken as substantive piece of evidence against appellant and can at best be used or utilised in order to lend assurance to Court-In absence of any substantive evidence inappropriate to base conviction of appellant purely on statements of co-accused Appellant entitled to be acquitted of the charges against him. [Para 14]*_ _*Surinder Kumar v/s Intelligence Officer CRl-A 949/18 [ UMESH LALTI JJ ]*_ _*[ SUPREME COURT ]*_ *________________________ Legallites law firm 8851250058

NI act section 138

_* NI ACT Section 138 Dishonour of cheque Undisputedly, blank cheque issued in discharge of the loan -liability However, the complainant sought to convert a blank cheque to fasten liability on the accused for a higher amount than what was actually due Resultantly, acquittal recorded in favour of the accused held to be justified. [Paras 8 and 9]*_ _*The Peringottukara Finance & Investments Co.Ltd., Anthikkad represented by its Pala Branch Manager, Shijo Augustine v/s Mathew Joseph CRL.A 2177/06 [ Anilkumar JJ ]*_ _*[ KERALA HIGH COURT ]*_ *_______________________ Legalities law firm 8851250058

NI act section 138

_*• NI ACT Section 138 Dishonour of cheque Cheque issued in favour of an advocate by his client/accused towards his fee Cheque dishonoured- Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed-Advocate has to independently prove the contract. (Para 18)*_ _*B Sunitha v/s State of Telangana CRl-A 2068/17 05/12/17 [ UDAY JJ ]*_ _*[ SUPREME COURT ]*_ Legalities law firm 8851250058

section 102 Crpc

_*• Section 102 CRPC Seizure of bank account by IO There is no room to countenance challenge to action of seizure of bank account of any person which may be found under circumstances creating suspicion of commission of any offence.( Para 16)*_ _*Teesta Atul v/s State of Gujarat CRl-A 1099/17 15/12/17 [ DIPAK.MISHRA JJ ]*_ _*[ SUPREME COURT ]*_ Legallite law firm 8851250058

section 376 IPC

:- Section 376 IPC Testimony of prosecutrix Absence of medical support Rape allegedly committed in a jungle However, the doctor found no injuries on private parts of the prosecutrix and no sign of recent sexual intercourse Other evidence on record also found to be inconsistent and do not go to lend any support to the version of the prosecutrix Resultantly, the accused held entitled to acquittal*_ _*Budhay Roy Hailakandi, Assam v/s State of Assam CRL-A J 103/18 [ Manish JJ ]*_ _*[ GAUHATI HIGH COURT ]*_ *____________________ Legallite law firm 8851250058

maintenance muslim women

Maintenance Divorced Muslim women Jurisdiction of Family Court to entertain maintenance petition under Muslim Women (Protection of Rights on Divorce) Act? Split Verdict Matter referred to Larger Bench. Hon’ble Supreme Court IN Rana Nahid @ Reshma @ Sana & Anr. Versus Sahidul Haq Chisti; Decided on 18th June, 2020. Legalite law firm 8851250058

section 302 IPC

_*• Section 302 IPC Murder Circumstantial evidence Last seen evidence Deceased was last seen alive in company of accused and accused did not satisfactorily explain missing of deceased Same is a strong mitigating circumstance against accused Last seen evidence proved. (Para 16)*_ _*State of HP v/s Raj Kumar CRL-A 31/18 08/01/18 [ UDAY JJ ]*_ _*[ SUPREME COURT ]*_ Legalities law firm 8851250058

NDPS act section 23(c) and 55

_*•,NDPS ACT Section 23(c) and 55 - Sample of contraband Probability of tampering Effect There not only found considerable doubt in manner of recovery of contraband, but chain of custody of samples also not established Possibility of tampering with the same also not ruled out on the record Resultantly, conviction set aside and the accused held entitled to acquittal. [Para 97]*_ _*Okafor Chukwuka Ugochukwu v/s Narcotics Control Bureau CRL-A 1186/15 [ Vibhu Bakhru JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legalities law firm 8851250058

Anticipatory Bail

Bail Anticipatory Bail Whether the protection granted to a person under section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail Held; No Normal rule should be not to limit the operation of the order in relation to a period of time. (Para 7.5 As per Hon’ble Justice M.R. Shah) Supreme Court of India IN Sushila Aggarwal & Ors. Versus State (NCT of Delhi) & Anr. Legalities law firm 8851250058

section 366 IPC

_:- Section 366 IPC Ingredients of offence - Held, offence u/s 366 IPC requires three principal ingredients (I) kidnapping or abduction to any women (II) such kidnapping or abduction must be (i) with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person against her will; or (ii) in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illegal intercourse, or (iii) by means of criminal intimidation or otherwise by enticing any women to any place with intent that she may be or knowing that she will be forced or seduced to illicit intercourse - It held immaterial whether the women kidnapped is married women or not.[Para 18]*_ _*Ashok Alias Gore Lal v/s State of U.P JA 3490/16 [ Suresh JJ ]*_ _*[ ALLAHABAD HIGH COURT ]*_ *______________________ Legalities law firm 8851250058

NDPS Act, section.20

_*• NDPS ACT Act, Section.20 Bail Recovery of 14 kg Ganja Non-commercial quantity - Bail granted as accused is not involved in any other case - Accused shall not in any way indulge in any criminal activities and he shall also not influence witnesses or otherwise interfere with the fair trial. (Paras 3 to 7)*_ _*Birbal Prasad v/s State of Bihar CRL-A 175/18 25/01/18 [ KURIAN JOSEPH JJ ]*_ _*[ SUPREME COURT ]*_ Legalities law firm 8851250058

Prevention of Corruption (Amendment) Act, 2018.

December 16, 2020

_*• PC ACT Sections 5(1)(d) and 5(2) Sections 120B and 161 IPC No reliable evidence regarding initial demand made by appellant from complainant Also no evidence of any demand being made by appellant from co-accused PS Mere giving of money of co accused PS to appellant cannot be taken as acceptance of bride by appellant from coaccused PS - Neither from his action in accepting money from co-accused PS nor from his conduct it could be said with certainty that appellant accepted money as bribe money - It could not be ruled out that co-accused PS demanded and accepted money from complainant in name of appellant Entire evidence led by prosecution in this regard shaky thus unreliable Appellant acquitted of offence for which he was charged. [Para 21]*_ _*PK GUPTA V/S CBI CRL-A 90/02 [ ML METHA JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legalities law firm 8851250058

Anticipatory bail IT act section 67

December 16, 2020

_*• Section 438 CRPC information Technology Act, Section 67 Anticipatory bail Matrimonial dispute between petitioner and his wife Allegations by wife she found a fake account created on facebook in which accused husband used her picture as profile picture and further uploaded same on internet There are other vulgar pictures uploaded along with her picture Held, custodial interrogation of accused required for purpose of recovery of Laptop vide which he created facebook account of complainant and which has not been provided by him to investigating officer Therefore, accused not entitled for anticipatory bail. [Para 9]*_ _*Siddhant v/s State BA 406/19 22/01/20 [ Brijesh jj ]*_ _*[ DELHI HIGH COURT ]*_ Legallites law firm 8851250058

section 307 ipc

December 16, 2020

_*• Section 307 IPC Arms Act, Section 25(1-A) Attempt to murder Acquittal by High Court Accused were known to each other but complainant did not mention name of accused Weapon alleged to have been used in commission of offence was not sent for forensic examination Other seized articles such as blood-stained shirt and soil were also not sent for forensic examination-Weapon was not produced before concerned Magistrate—Manner of assault not corroborated by medical evidence-No good ground to differ with reasoning and conclusion arrived at by High Court-Judgment and order passed by High Court upheld. (Paras 18 to 22 and 28)*_ _*State of UK v/s Jairnail SLP 1651/15 13/11/17 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_ Ligallites law firm 8851250058

section 319 crpc

December 15, 2020

_*• Section 319 CRPC Sections 147, 148, 149, 302, 307, 323 and 504 IPC Summoning of an additional accused Second respondent was not present in the place of incident and on the basis of the findings of the Investigating Officer, he was not charge sheeted Appellant complainant has not filed any protest petition then and there During investigation when it was found that the accused was not present at the place of incident, the courts below were right in refusing to summon respondent No.2 as an accused. Appeal dismissed. (Para 12)*_ _*Shiv Prakash v/s State of UP CRL-A 1105/19 23/07/19 [ R BANUMATH JJ ]*_ _*[ SUPREME COURT ]* Legallites law firm 8851250058

service law

December 15, 2020

_*• Service law Order directing reinstatement of the workman with back wages challenged Misconduct Alleged that Respondent had issued 35 tickets for an amount of Rs. 36.50 each but had not punched the tickets Order clearly shows that it was not proved that workman had taken extra monies from passenger Therefore contention that workman was engaged in financial malpractice is untenable - Logical corollary would be to reinstate workman with reduction of 50% back wages because of negligence impugned order does not call for any interference - Amount deposited by petitioner to released to respondent along with accrued interest [Paras 3 to 6]*_ _*Delhi Transport Co vs SP Sagar WPC 374/10 19/02/20*_ _*[ DELHI HIGH COURT ]*_ Legallites law firm 8851250058

Family court

_*• Family Courts Act Section 19 Hindu Marriage Act Section 13(1)(ia) Divorce Ground of mental cruelty Appellant/wife has treated the respondent husband with cruelty and made the life of the husband miserable by leveling false allegations against him Four consecutive closure reports by four different Investigating Officers in favour of the respondent husband also point towards the harassment faced by him. The matter was again re-investigated upon the directions of the High Court and yet again a closure report was filed by the Police officials. The conduct of the appellant wife shows rift between the parties. Taking into account all the complaints made by the appellant/wife and her father against the respondent husband, it can be inferred that the appellant husband has been treated with mental cruelty and faced ignominy being a Judicial Officer Decree of divorce granted by the Family Court deserves to be affirmed on the ground of mental cruelty*_ _*Rita v/s Anil M...

NDPS Act

_*• NDPS ACT Section 22(c ), 21 (b), 50, 57 Foreigners Act Sec. 14 Sec. 323/325/341 IPC Sec. 313 CRPC Appellant was guilty for being in possession of four hundred grams of Methamphetamine possession of ten grams of cocaine appellant a Nigerian national engaged in dealing in drugs Appellant, alleged to have violated the conditions of the visa for entry and stay in India- prosecution failed to establish, four hundred grams of methamphetamine was recovered from the appellant recovery of illicit substance from his possession No independent witness was examined unable to establish both the polythene packets, which were recovered from the metallic box contained methamphetamine*_ _*Samukel Okekke vs State CRL-A 915/16 28/09/20 [ VIBHU BAKHRU JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites law firm 8851250058

Ndps act

Cheque bounce case

_*• NI ACT Section 138 Dishonour of Cheque Conviction and Sentence Submission that the sentence may be modified by setting aside the sentence of imprisonment Respondent also submits that sentence may be modified by enhancing the compensation payable to the respondent Sentence Modified. [Para 12]*_ _*Sam vs Ramanthan CRL-A 29/19 08/09/19 [ R BANUMATHI JJ ]*_ _*[ SUPREME COURT ]*_ Legallites law firm 8851250058 *__________________________________*

judgement on admission O 12 R 6 CPC

_*• Order 12, Rule 6 CPC Judgment on admission Dismissal of application seeking decree for possession forthwith Passing of a decree for possession cannot be deferred if petitione plaintiff were to be found entitled thereto Plea of documents having been got executed by misrepresentation, cannot be a defence to a suit on the basis of said documents unless said documents are so declared by a competent Court of law If respondent defendant has not invoked suit remedy, petitioner plaintiff is entitled to enforce his rights under the documents which respondent defendant claims to have been executed by him under misrepresentation Respondent defendant cannot defend claim of petitioner plaintiff on pleas on which appropriate action in law has not been taken. (Paras 11 and 15)*_ _*Bhupinder Singh vs Sonu Singh CRP 176/17 12/10/17 [ RAJIV SAHAI JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites law firm 8851250058

criminal law appeal against acquittal

_*• Criminal Law Appeal against Acquittal Offence of Robbery Appellants urged that the Trial Court did not appreciate the evidence in its true and proper perspective. Material discrepancies and contradictions emerging in the statements of the prosecution witnesses were overlooked on trivial grounds. No recovery was affected from A-2.The appellants have undergone substantial period of substantive sentence awarded to them Minor discrepancies or contradictions highlighted by the appellants' counsel are of no consequence as they do not affect the core of the prosecution case The accused persons did not examine any witness to prove if they were lifted from their respective houses as alleged Impugned judgment is based upon the fair appraisal of evidence and deserves no intervention. Their conviction is affirmed Appeal disposed of*_ _*Sultan Ali vs State CRL-A 1147/13 30/03/16 [ SP GARG JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallite law firm 8851250058

NI act section 138 and 147

_*• NI ACT Sections 138 and 147 Revision against conviction Parties settles the dispute Settled amount received by complainant Accused is ready to pay cost amount Offence compounded. [Paras 3, 7 and 8]*_ _*Dalip Singh vs State CRL-RP 442/17 15/05/19 [ SANJEEV SACHDEVA JJ ]*_ _*[ DELHI HIGH COURT ]*_ Ligallites law firm 8851250058

Execution petition

_*• Execution petition Execution of a money is sought by attachment of the immovable and movable properties of the judgment debtor Decree holder has not disclosed any of the facts in the execution petition and is guilty of suppression to the said extent Decree holder, when approaching ought to make a clean breast of of state of affairs Execution petition abuse of the process of the Court decree holder with costs of Rs. 50,000/- [Paras 7, 10 and 11]*_ _*leo Isat Ltd v Radlay Metal Pro pvt ltd EXP 20/19 14/03/19 [ RAJIV SAHAL JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites Law Firm 8851250058

Whether suit for declaration is maintainable without claiming possession even if plaintiff is not in possession of suit property?

plaintiffs are not in possession of the suit property therefore, the suit merely for declaration is not maintainable in view of the bar under section 34 of Specific Relief Act. 7) Having heard the learned counsel for parties and on perusal of the record it is noticed that parties are members of same family and suit has been filed by respondents no.1 to 5 plaintiffs with the plea that their ancestor Motilal had purchased the suit property in the name of his wife Smt. Sohanbai who was wholly dependent on him having no source of income to maintain herself. It was further pleaded that Sohanbai alongwith plaintiffs was residing in the suit property and when plaintiffs had purchased the separate house, Smt. Sohanbai had continued to live alone in the suit property. In the suit, plaintiffs have claimed that they have share in the suit property and accordingly prayed for partition and also declaring the gift deed executed by defendant no. 2 in favour of defendants no. 3 and 4 (petitioners ...

What is difference between stridhan and dowry ?

Difference between stridhan and dowry Although ‘Stridhan’ and ‘Dowry’ are entirely different, they are generally misconceived to mean the same. Under Indian law, dowry means any property or valuable security that is given or agreed to be given by the bride’s side to the bridegroom’s family before, after or during the time of marriage. The main difference between ‘dowry’ and ‘Stridhan’ is the element of “demand, undue influence or coercion” that is present in the former but absent in the latter. Stridhan is a gift that is voluntarily given to the women and it is not the result of demand, undue influence or coercion. Legallites Law Firm 8851250058

How to appreciate evidence in case of theft of electricity?

How to appreciate evidence in case of theft of electricity? From the aforesaid facts, it can be noticed that theft of electricity has been presumed solely on the basis of availability of cut in the incoming PVC of the house of the neighbour. The incoming PVC of the house of the neighbour happens to pass near to the Chhajja of the house of the plaintiff. No pilferage of the electricity was found at the spot either on 04.06.2017 or on 05.06.2017. In the LLI report dated 04.06.2017, blinking of the meter was found to be stopped, but in LLI report dated 05.06.2017, no such feature was noticed by the inspecting team. The blinking and non-blinking of the meter was directly proportional to the stoppage of supply by the consumer herself in her house. The said event can happen in case of no supply from the department and the supply is being generated through the mechanism of genset. In such eventuality, blinking of the meter would stop. This fact has been admitted by DW 1 Mandeep S...

Age of prosecutrix Sections.376(2)(g), 506 IPC Gang rape

_ Sections.376(2)(g), 506 IPC Gang rape Age of prosecutrix Nothing divulged as to what was exact date of birth of prosecutrix - No supporting document like birth certificate or school record was produced or proved-Apparently, prosecutrix and her family members attempted to conceal exact age of prosecutrix which was crucial to ascertain guilt of preprators of crime - Huge gap between age relied upon by prosecution and one found in ossification report remained unexplained Prosecutrix, held, to be above 16 years of age on the day when physical relations were established with her. [ Para 17 to 18 ]*_ _*Terjinder Singh v/s State CRL-A 267/13 [ SP GARG JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites Law Firm 8851250058

Default Bail of Accused under Section 167(2) of the Code of Criminal Procedure (CrPC)