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Supreme Court & High Courts Judgments
Exceptions to S.499 IPC can be considered at the stage of issue of process under S.204 CrPC and by the High Court while examining a petition to quash under S.482 CrPC
Defamation--Right ..
Supreme Court
Appellant, Bank Officer, was neither the authorized officer at that time nor had issued sale certificate--FIR by CBI quashed..
Complainant and Accused were already married to their respective spouses--Physical relationship continued for 5 years--Thus, there was never an element of force or deceit in the relationship..
Compensation of Rs.1 lakh each granted to all 10 legal heirs of deceased by the appellant--Benefit of probation granted to the appellant ..
Prosecution Witness gave his statement after 17 days of the incident--Acquittal
Murder--Eye Witness--He had participated in the agitation and had even signed the inquest report--However..
No evidence to prove that the Appellant is the same person who has been shown to be arrested at the time of recovery--Acquittal..
Ligature Mark was found only on the front part of the neck--Thus, throttling or strangulation, is ruled out--Acquittal
Murder--Death of Wife--Special Knowledge--Plea of alibi by husband..
Relatives of Husband are residing at a different city--No specific date and instances averred--Complaint qua the appellants quashed..
Charges are yet to be framed--Quashing sought on disputed questions of facts in defense--Petition dismissed..
Punjab & Haryana High Court
Agreement to Sell--Chargesheet does not state the material evidence available and collected during the course of investigation to establish the offences under S.420 and S.406 IPC--FIR quashe..
Appellant was convicted under S.18 NDPS Act for which no minimum punishment has been prescribed--Protracted Trial of more than 19 years--Sentence reduced to period already undergone..
While Phenolphthalein test and recovery of tainted notes may create suspicion, they are not substitutes for substantive evidence of demand or acceptance--Demand not Proved--Acquittal..
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