FIRST LAW

Indian Evidence Act, 1872 -  Section 27 - A mbit and Scope of - How much of Information Received from Accused may be Proved.

Negotiable Instruments Act, 1881 -  Section 138 - O n the date of issuing the cheque, there was no legally recoverable debt which was due by the accused to the complainant Bank -  it was filled on a later date by a clerk of the Bank -  it is proved that as on the date of issuance of the blank cheque, there was no legal liability of the accused to pay any amount to the complainant, which is evident from the evidence of PW-1 the Manager of the bank himself - complainant – Bank has also not produced any account extract relating to the loan account of the accused -  there is no infirmity in the judgment of acquittal rendered by the Trial Court .

Indian Contract act, 1872 - Section 74 -    B reach of Contract - E arnest Money  - P rinciples which emerged from the expression "earnest money".

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.

Evidence Act, 1872 -  S. 35 -  Penal Code, 1860 -  Ss. 359, 363, 366, 366A, 375 & 376(2)(i) -  Protection of Children from Sexual Offences Act, 2012 -  Ss. 5(a)(i) & (I) r/w. 6 -  Kidnapping from lawful guardianship - A ge of the Victim Girl -  Prosecution has utterly failed to prove that the age of the victim girl was below the age of 16 years, insofar as offence punishable under Section 363 of the IPC and below the age of 18 years insofar as the offences punishable under Section 376(2) (i) of IPC and under Section 5(a)(i) and (I) read with Section 6 of the POCSO Act are concerned.

Constitution of India - Article 21 - Right to avail health insurance is an integral part of the Right to Healthcare and the Right to Health, as recognised in Art. 21 of the Constitution.

Indian Penal Code, 1860 - Ss. 294, 306, 34 - A  person can be said to have instigated another person, when he actively suggests or stimulates him by means of language, direct or indirect. Instigate means to goad or urge forward or to provoke, incite, urge or encourage to do an act.