FIRST LAW

Criminal Procedure Code, 1973 - Sections 87, 88, 205 and 309 (2) - In cases of private complaints, Magistrate should not take opposite parties (accused) in custody under Section 309 (2), but, should, in all cases where the parties concerned voluntarily appear, to resort to Section 88 of Cr.P.C and require the parties concerned only to furnish bonds with or without securities, for appearance or future dates and where the opposite party of a complaint case resides at along distance as in this case, the Magistrate should exempt personal attendance of the opposite party of the complaint case and allow them to appear through counsel under Section 205 of Cr.P.C.

Shivangi Tushar Garg v. Anuj Shrikant Tiberewala The Criminal Procedure Code, 1973 - Section 482 - The Negotiable Instruments Act, 1981 - Sections 138 and 141 - Offences by Companies -  Tax / Sale Invoices - Even if the said material is taken at face value, it is difficult to accept the submission that the material clinchingly establishes that the accused did not have any role in or concern with the transaction or the issuance of cheques. The fact that the applicants have not placed the purchase order would not per se exclude their role or involvement. It is obvious that the purchase orders would be placed by either the company or firm or on its behalf by a director or officer or other employee. The fact that the invoices placed on record do not refer to the accused does not take the case of the accused any further. Rohit B. Deo , J. Crl.A. No. 136 of 2016 08-02-2019

The Code of Criminal Procedure, 1973 - Sections 195 and 340 - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence -  Procedure in cases mentioned in section 195 - Action under section 340 is to be initiated at the discretion of the Court.

Explosive Substances Act, 1908 - S. 5 - Penal Code, 1860 - Ss. 109, 120B, 302, 307, 324, 325, 326 & 379 - Maharashtra Control of Organised Crime Act, 1999 - S. 3 - Prevention of Damage to Public Property Act, 1984 - Unlawful Activities (Prevention) Act, 1967 - Discharge Application -  the stage for rebuttal can only be during trial and not at the stage of consideration of discharge application - scope of discharge application is entirely different than the scope for deciding the guilt of an accused at the end of any trial .  Kawalnayan Wazirchand Pathreja v. State of Maharashtra, Indrajit Mahanty & Sarang Vijaykumar Kotwa, JJ.  Crl.A. No. 58 of 2018 17-01-2019

Negotiable Instruments Act, 1881 - Sections 138 and 139 - Even though the complainant adduced sufficient evidence on the point of formation of firm, running business and on the point of dissolution of firm, he falls short in proving the case of settlement of accounts and arrival of share amount. Unless that is done, liability cannot be fastened on the accused.

Government Premises (Eviction) Act, 1955 (Bombay) - S. 7 - Unauthorized Occupation of the Premises - the act of the Corporation in accepting charges from the petitioner would not result in automatic renewal of licence in favour of the petitioner. The charges were accepted by the ­Corporation towards unauthorized occupation of the premises in question by the petitioner. The licence could be said to have been renewed only, if an agreement had been executed in favour of the petitioner by the ­Corporation on terms that were agreeable to both the parties. The facts of the present case show that no such event occurred and there was no document on record to show that the licence of the petitioner was ever renewed. The findings rendered by the Court below regarding the possession of the petitioner being unauthorized are correct and therefore, it is found that there is no substance in the present Writ Petition.  Shri Shyam Ramapati Pandey v. Maharashtra State Road Transport Corpora...

Succession Act, 1925 - S.301 - Will -  Removal of executor or administrator and provision for successor - W hether the application under Section 301 of the Succession Act can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed '.

Penal Code , 1860 – S. 306 -  Abetment to Commit Suicide -  Phone Sex -  the deceased and the accused could not lead happy life because he could not bear the trauma of the behaviour of his wife which led to the tragic end of his life. Thus, though the applicant/accused can be said to be responsible for the trauma caused to the deceased, she is not an abettor for the act of suicide.

Service Law – Public Service Commission – Age Relaxation - In the absence of any indication in the rules / executive instructions, the provisions for age relaxation cannot be construed on cumulative basis in respect of applicants who are covered under more than one categories for which age relaxations may have been provided. Rather, such provisions will have to be construed on a noncumulative basis.

Civil P.C. 1908 - O.7 R. 11(a) - Representation of the People Act, 1951 - Ss. 81, 83, 100 & 123 - Conduct of Elections Rules, 1961 - R. 94A - Legislative Assembly Constituency reserved for Scheduled Caste category candidate - Electronic Voting Machines (EVMs) - Use of religious symbol which was an image of Lord Buddha - Allegations made in the petition are general and vague and that they lack in material facts - Such facts are necessary to disclose the cause of action espoused by a party and this is the mandatory requirement - Omission of a single material fact leads to an incomplete cause of action and statement of claim becomes bad - Petition which lacks in the material facts and the petition does not disclose any cause of action and is liable to be rejected.

Drugs and Cosmetics Act, 1940 – S. 25 - Reports of Government Analysts -  There is no question of considering the shelf life of the drug when prima facie it appears that the petitioners have failed to notify their intention to adduce evidence in controversion of the report within 28 days in terms of the provisions of Subsection (3) of Section 25 of the Act of 1940.

Code of Civil Procedure, 1908 - Order 7 Rule 11(d) - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 - Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Maharashtra)

Code of Criminal Procedure, 1973 – Section 125 - Order for maintenance of wives, children and parents -  Magistrate can entertain separate applications or even entertain a common application for several months of default and pass appropriate order - If there are arrears of more than one month, then the imprisonment exceeding the period of one month can be imposed.

1. Ambubai Balraj Naral v. Sabale Waghire and Company, 12-09-2018 Code of Civil Procedure, 1908 - Section 115 & Order XXI Rule 95 - Delivery of property in occupancy of judgment debtor - Auction Sale - Limitation - the applicants not having appeared before the executing Court and having filed various proceedings impuging auction sale and for seeking stay from issuance of sale confirmation certificate which proceedings were pending for last several years, cannot be allowed to raise a plea of limitation at this stage on the ground that the application was not made within one year from the date of confirmation of sale certificate.

All India Council for Technical Education Act, 1987  - Whether a private non-aided institutions should be foisted with an application to pay the employee's retrospectively, the salary made applicable to them in terms of the recommendations of the revised pay commission and whether it can be made imperative in such institutions to discharge heavy burden of arrears;  D.Y. Patil College of Engineering v. All India Council for Technical Education and Others, 07-09-2018 Code of Civil Procedure, 1908 - Section 115 & Order XXI Rule 95  -  Delivery of property in occupancy of judgment debtor - Auction Sale - Limitation  - the applicants not having appeared before the executing Court and having filed various proceedings impuging auction sale and for seeking stay from issuance of sale confirmation certificate which proceedings were pending for last several years, cannot be allowed to raise a plea of limitation at this stage on the ground that the application was ...

Penal Code, 1860 - The evidence of the defence witnesses has not been able to dislodge the prosecution case, which clearly stood fortified by the two dying declarations on record. The trial court was justified in relying upon the same as the dying declarations are found to be believable, trustworthy and inspiring confidence. The evidence and material on record was properly analyzed by the trial court while convicting the accused under Section 304 Part I of the IPC, while acquitting the co-accused.

Penal Code, 1860 - Ss. 498A & 306 r/w. 34 -  Telling the deceased to cook properly or to do her household work properly, by itself, would not mean that she was illtreated.

Criminal Trial - Investigating Officers should never lose sight of the fact that their investigation should be such that the material collected by them should stand the scrutiny of Courts in accordance with law. Merely nabbing the culprits should not be the ultimate aim of any investigation. 

Negotiable Instruments Act, 1881 -  Section 138 -  failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record    whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

Criminal Procedure Code, 1973 - Second Complaint on the same Facts -  filing the second complaint without disclosing the fact of the filing of the first complaint muchless explaining the exceptional circumstances is a sheer abuse of the process of the law.