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Get legal advice by Advocate Mr. Sinha for cases such as criminal, civil, company law, matrimonial, domestic violence and etc. contact us 9891124296

Avijit Sinha for cases such as crimnal, civil, company law, matrimonial, domestic violence and etc.

05/06/2020

Mangala Mishra @ Dawa v/s State of Haryana CRL-A 36/17 [ MEENAKSHI JJ

Sections 363, 366 and 376(2)(n) IPC POCSO ACT Section 5(1) Birth certificate of victim Birth certificate of yictim produced by mother of vietim- Police prepared seizure memo and requested witness to sign on, document which he complied with Witness, how ever, did not see birth certificate which was shown to him in court on day evidence recorded - Contradiction in evidences of witnesses as to whether birth certificate seized from father or mother of victim No witness was forthcoming as person who made entries in birth certificate of any register Merely because birth certificate furnished by Prosecution in support of their case it cannot be accepted as gospel truth without fortification by way of supporting evidence, sans examination of its probative value.

17/05/2020

[ BOMBAY HIGH COURT ]

Sadashiv Babu Patil v/s State of Maharashtra CRL-A 284/1997 [ S. SHINDE JJ ]

Evidence Act Section 3 Testimony of eye witnesses Reliability Murder case Material omissions and contradictions in testimony of eye witnesses wife and daughter of deceased No explanation from these two witnesses as to why they were silent when deceased was taken away by accused persons and even when he was brought back in injured condition Their conduct appears to be unnatural Their testimony also not consistent with medical evidence Children of daughter of deceased allegedly present on spot also did not raise any hue and cry Testimony of eye witnesses is not reliable Accused liable to be acquitted

07/05/2020

Jagdish Singh @ Thandu v/s State of Punjab CRL-S 4059/16 [ RAJ MOHAN JJ ]

NDPS ACT Section 22(B) Recovery of intoxicant capsules and intoxicant powder Accused in first charge sheet found in conscious possession of 180 intoxicant capsules and 220 gms of intoxicant powder Said charge was amended and accused charge sheeted again and recovered intoxicant capsules reduced from 180 to 160 and there was no reference of intoxicant powder - No charge was framed for intoxicating powder- Trial though proceeded on the basis of amended charge sheet but prosecution put question to accused on the basis of first charge sheet in respect of 180 capsules and 220 gms intoxicant powder - Prosecution thus, not alive to material on record and in such anomalous situation, case can be viewed from angle of mistrial [ Para 12 ]*

21/04/2020

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, S.22(3)(1)(i)-Property of senior citizen- Eviction petition against daughter-in-law Daughter-in-law has no right, title and interest in suit property Relationship between senior citizen and his wife with daughter-in-law have deteriorated, thus parties cannot be insisted on residing with daughter-in-law- Daughter-in-law rightly evicted

Darshna V. Govt Of NCT Of Delhi LPA 537/18 3/10/18 [RAJENDRA MENON C.J. & V.KAMSWAR RAO J]

DELHI HIGH COURT

14/04/2020

Sanjay Singh Jethi v/s State of Rajasthan CRL-MisP 4462/17 [ SANDEEP METHA JJ ]

Section .376 IPC S.482 Crpc Quashing of FIR R**e Promise of marriage Prosecutrix claimed in FIR that sexual relations were established when they were school students -Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or without her consent - Even in FIR, complainant has prayed that she wants to marry accused and get settled down Complainant who appears to be enamoured by the accused and his status in the society used the present prosecution to somehow or the other to attain her goal of marrying him - FIR is nothing but a misuse of criminal process FIR quashed.

11/04/2020

Section 304A IPC Murder Plea of defence that appellant was only holding a licensed gun and a ball thrown by children struck the gun, causing accidental firing, held, is belied by the version of eye-witness. Even otherwise, it is difficult to believe that a ball striking the gun would result in an undesigned firing. Appellant's attempt to shelter behind Section 304A is liable to be rejected.

07/04/2020

Paraeswaran Unni v/s Kanna CRL;A 455/06 01/03/17 [ NV RAMANA JJ ]

NI ACT Section.138 Dishonour of cheque - Notice -Service of notice is presumed when notice is sent by registered post is returned with postal endorsement 'refused' or 'not available in the house' or 'house locked' or 'shop closed' or 'addressee not in station

05/04/2020

29/07/2017

एडवांस टैक्स/टीडीएस पर अप्रैल से जुलाई तक खो सकते हैं ब्याज
अगर आप 31 जुलाई तक रिटर्न फाइल नहीं करते हैं तो आपको खुद के जरिए चुकाए गए एडवांस टैक्‍स/टीडीसी पर अप्रैल से लेकर जुलाई तक का ब्‍याज नहीं मिलेगा। अगर आप 31 जुलाई के एक दिन बाद भी रिटर्न फाइल कर देते हैं तो भी आपको अप्रैल, मई, जून और जुलाई में कम से कम चार महीने का ब्याज खो सकते हैं।

29/07/2017

Get legal advice by Advocate Mr. Avijit Sinha for cases such as crimnal, civil, company law, matrimonial, domestic violence. contact us 9891124296

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