FIRST LAW

Evidence Act, 1872 - S. 65B - Whether the document can be relied in evidence, which is prepared in electronic machine, without required certificate as per the provisions of the Information and Technology Act, 2000 - Whether the documents which are, electronic record, is required to be proved as per the provisions of Section 65B of the Indian Evidence Act? Discussed.

Rent Control & Eviction - Mesne profits and use and occupation charges - the courts after passing of an order of eviction can always put the occupant of the premises to terms including payment of mesne profit. The very purpose of awarding mesne profit or use and occupation charges is to put a check on the diabolical plans of the tenant who has been ordered to be evicted and ensure that he does not squat on the premises by paying a meager rent. At the same time even the landlord is also compensated to receive higher rent than the contractual rent.

Penal Code, 1860 - Ss. 279, 337 & 338 - Motor Vehicle Act, 1988 -  S.181 -  Prosecution has failed to prove its case beyond reasonable doubt. The court has to keep in mind that the standard of proof required in a criminal case is that it has to be proved beyond reasonable doubt that it was the accused alone who had committed the offence.

Penal Code, 1860 - Ss. 447, 448, 452, 453, 380, 120-B - Panchayati Raj Act, 1994 - S.19 - Criminal Procedure Code, 1973 - S.197 - Protection under - Quashing of FIR - P etitioners were the office bearers of Gram Panchayat - Dispute between the landlord and tenant with respect to commercial shop -  Officers  forcibly dispossessed the tenant by breaking upon the locks - Petitioners  being office bearers of the Gram Panchayat betrayed complete ignorance to the fact that Gram Panchayat is creation of statute and is a State within the meaning of Article 12 of the Constitution of India and, therefore, cannot act like a private individual, who is free to act in a manner whatsoever he likes, unless it is interdicted or prohibited by law.

Evidence Act, 1872 - S. 114 -  Presumption as to legality of marriage -  where a man and woman continues cohabitation for a number of years, there is presumption that they lived as husband and wife.

Criminal P.C. 1973 - Sections 397, 401 and 482 - Negotiable Instruments Act , 1881 - Sections 138 & 147 - Offences to be compoundable -   the Court after being satisfied that the cheque amount with the assessed cost and interest has been paid, can close the proceedings even in absence of the complainant.

Criminal P.C. 1973 – S. 311 - Power to summon material witness, or examine person present  Purpose of - T rial Court adopted rather a hyper technical view in rejecting the application - Order is set aside.

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss 279, 337 & 338 - Motor Vehicle Act, 1988 - S. 185 -  Driving by a drunken person or by a person under the influence of drugs -  Whether the FIR in such like cases can, in fact, be quashed on the basis of compromise - Though the State has expressed its slight reservation regarding compounding of the offence but I find that this is not such wherein the offence for which the petitioner has been charged can be stricto sensu held to be the offence against the State. Even otherwise, once respondent No.2 has compromised the matter, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case.

Indian Penal Code, 1860 - Sections 489A, 489B, 489C, 489D, 120-B, 201 and 34 - Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail Application - What is custodial interrogation?

1. Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 406, 420 & 120B - Quashing of FIR - Parties have already compromised the matter - Even if, the trial is allowed to be continued, as the parties have compromised the matter, there are bleak chances of conviction to secure the ends of justice;  Jagpreet Singh v. State of H.P., 24-07-2018 Cr. MMO No. 207 of 2018

Administrative Law - Whether the executive instructions can in fact supersede or can substitute the statutory rules framed - Discussed.

Civil Procedure Code, 1908 - S. 24 & 25 -  Hindu Marriage Act, 1954 -  Section 9 -  Cases relating to transfer of matrimonial proceedings, it is the convenience of the wife, which has to be looked at.

Negotiable Instruments Act, 1881 -  Ss. 118, 138, 139 -  Presumptions as to negotiable instruments -  Dishonour of cheque for insufficiency, etc., of funds in the account -  Presumption in favour of holder -  In order to draw presumption under Section 118 read with Section 139 of the Act, the burden is heavily upon the appellant/complainant to show: (i) that he had the requisite funds for advancing the sum of money to the accused, (ii) that the issuance of cheque in support of repayment of money advanced was true, and (iii) that the accused was bound to make payment as had been agreed while issuing cheque in favour of the complainant. [Para 9]

Probation of Offenders Act, 1958 -  Penal Code, 1860 - Ss. 279, 337, 338 & 304A -  Rash driving or riding on a public way -  Causing hurt /  grievous hurt  by act endangering life or personal safety of others -  Causing death by Negligence -  Bearing in mind the galloping trend in road accidents in India and the devastating consequences visiting the victims and their families, criminal courts cannot treat the nature of the offence under Section 304-A IPC as attracting the benevolent provisions of Section 4 of the Probation of Offenders Act.

Criminal Procedure -  Delay in lodging FIR -  Delay in lodging of FIR by itself cannot be a ground to doubt the prosecution case and discarding the delay in lodging FIR would put the Court on its guard to search if any plausible explanation has been offered for the delay and if offered whether it is satisfactory or not.  There can be no hard and fast rule that any delay in lodging FIR would automatically render the prosecution case doubtful.

Bail - Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.

Indian Penal Code, 1860 - S. 498A - Husband or relative of husband of a woman subjecting her to cruelty -  Mere fact that the petitioner during the subsistence of marriage had contracted second marriage and started living with another woman by itself may not amount to cruelty for the purpose of offence punishable under Section 498-A IPC. Even though this act would constitute cruelty for the purpose of judicial separation or dissolution of marriage.

Narcotic Drugs & Psychotropic Substances Act, 1985 - Ss. 20, 61 & 85 - Police recovered 255 grams charas from the bag - Less than commercial quantity - freedom of bail petitioner cannot be allowed to be curtailed for indefinite period during the trial, especially when investigation in the case is complete and nothing is required to be recovered from the bail petitioner.