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Supreme Court & High Courts Judgments
”Bail is the rule and jail is an exception” is a settled law--Even in a serious like under UAPA case, the same rule holds good if the conditions in the statute are satisfied..
Supreme Court
Bail condition requiring the husband to file an undertaking that he would take care of all physical and financial requirements of his wife--Bail condition set aside being onerous..
Single Stab Injury--There was history of matrimonial dispute between both the parties--Conviction under S.304 Part IIIPC upheld--Sentence modified to the period already undergone..
Prosecution failed to prove that the appellant-husband was last seen together with the deceased-wife--Thus, Section 106 of the Evidence Act cannot be invoked to shift the burden on the appel..
Death was caused by firearm injuries--Eye witness admitted that the deceased had already died when he reached the scene of the offence--Thus, a serious doubt in created whether the sole eye ..
Sudden Fight--Previous enmity among deceased and appellant--Both the accused persons have received injuries in the incident--As such, the possibility of a scuffle between the two groups cann..
Statements simply denying the facts or giving inaccurate statements to counter what as stated by opposite party in their affidavit--No offence under S.193 IPC is made out...
Issuance of a non- bailable warrant, at the first instance, shall be avoided...
An agreement was signed and cheque was issued by the accused--Accused had put his signature on the agreement drawn on a white paper and not on a stamp paper--Acquittal..
Complainant failed to establish as to how a cheque issued by the accused allegedly in favour of third party landed in his hands--Presumption rebutted through the preponderance of probabiliti..
Complainant had neither the financial capacity to lend nor the loan was depicted in his Income Tax Returns--Complainant failed to showcase as to when the said loan was advanced to the Accuse..
Contradiction with regard to time of issuance of cheque--Whether it was issued at the time of advancing loan or whether after due deliberations on refusal to repay--Acquittal..
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