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IMPORTANT DECISIONS

Criminal Procedure Code, 1973, S.154 - FIR - Non examination of informant - Not fatal.2007(2) Criminal Court Cases 166 (P&H) (DB)

Criminal Procedure Code, 1973, S.164, Evidence Act, 1872, S.24 - Extra judicial confession - Reproduction of exact words used by accused is not required. 2007(1) Apex Court Judgments 680 (S.C.)

Criminal Procedure Code, 1973, S.216, Indian Penal Code, 1860, Ss.498A, 306 r/w S.34, 304-B IPC - Alteration of charge - Addition of charge u/s 304-B - As per first medical certificate cause of death was cardio respiratory failure due to acute respiratory failure - In subsequent certificate a different cause of death indicated - Alteration of charge to be deferred till examination of the doctor and relevance of the subsequent certificate and its acceptability. 2007(1) Apex Court Judgments 627 (S.C.)

Criminal Procedure Code, 1973, S.311, Evidence Act, 1872, S.137 Witness - Not cross examined as counsel was busy in another Court - Witness ordered to be recalled.2007(2) Criminal Court Cases 160 (P&H)

Criminal Procedure Code, 1973, S.394 - Death of complainant in an appeal filed against acquittal - Appeal does not abate - L.R's allowed to come on record.2007(2) Criminal Court Cases 208 (Kerala) (DB)

Criminal Procedure Code, S.173, Legal Services Authority Act, 1987, Indian Penal Code, Ss.436 and 427 - Lok Adalat - Not a regular Court - Lok Adalat has no power to entertain report submitted by Police under Section 173 Cr. P.C.2007(2) Criminal Court Cases 017 (P&H)

Cross cases - Rival versions - Normally take the shape of two different FIR's - Investigation can be carried on under both of them by the same investigating agency.2007(2) Criminal Court Cases 375 (Allahabad) (F.B.)

Defence witnesses - Credibility and trustworthiness - Ought to be attributed at par with that of the prosecution.2007(2) Criminal Court Cases 214 (P&H) (DB)

East Punjab Urban Rent Restriction Act, 1949, S.13(3)(a)(i) - Family settlement - Of commercial property alone - Valid - There is no requirement that all the properties owned by parties jointly have to be partitioned at one and the same time. 2007(2) Civil Court Cases 164 (P&H)

Electricity Act, 1910, Section 26(6) - Electricity - Meter burnt or completely non functional - Provision of Section 26(6) Electricity Act has no application. 2007(1) Apex Court Judgments 317 (S.C.) : 2007(1) Civil Court Cases 649 (S.C.)

Electricity (Supply) Act, 1948, Section 49, Haryana Government Electrical Undertaking (Dues Recovery) Act, 1970, Section 6 - Electricity dues - Financial Corporation resuming premises and selling the same in auction - Outstanding electricity dues of previous consumer - Auction purchaser is liable to pay dues. 2007(1) Civil Court Cases 578 (S.C.)

Enmity - Can be a reason to either make false accusations or rope in innocent persons alongwith the guilty ones.2007(2) Criminal Court Cases 254 (Gauhati) (DB)

Evidence Act, 1872, Section 105 - General exceptions - Burden to prove is on person/accused who takes plea of such exception. 2007(1) Criminal Court Cases 778 (Uttaranchal)

Evidence Act, 1872, Section 154 - Hostile witness - Statement of even a hostile witness can be believed for certain purpose. 2007(1) Criminal Court Cases 595 (S.C.)

Evidence Act, 1872, Section 9 - Test identification parade - Necessity for holding TIP is only when accused is not previously known to the witnesses - It is desirable that TIP is conducted soon after the arrest of accused - Failure to hold a test identification parade does not make inadmissible the evidence of identification in Court. 2007(1) Criminal Court Cases 1010 (S.C.)

Evidence Act, 1872, Ss.8, 24 & 25 - Co-accused made extra judicial confession in presence of appellant implicating him also and appellant remained silent - It is in the nature of an admission which constitutes evidence against himself.2007(2) Criminal Court Cases 236 (S.C.)

Evidence Act, 1872, S.154 - Hostile witness - Statement of even a hostile witness can be believed for certain purpose. 2007(1) Apex Court Judgments 582 (S.C.)

Evidence Act, 1872, S.24 - Accused arrested and taken to Lie Detection Test - Made extra judicial confession when police was away from the scene temporarily - Confession made while accused was in police custody.2007(2) Criminal Court Cases 141 (S.C.)

Evidence Act, 1872, S.9 - Test identification parade - Necessity for holding TIP is only when accused is not previously known to the witnesses. 2007(1) Apex Court Judgments 543 (S.C.)

Fair trial - Meaning - Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. 2007(1) Criminal Court Cases 1055 (P&H)

Guardian and Wards Act, 1890, Sections 7 & 17 - Child custody - Remarriage of mother - Not a ground to deny custody to mother. 2007(1) Apex Court Judgments 309 (S.C.) : 2007(1) Civil Court Cases 289 (S.C.)

Hindu Law - Divorce - Hindu husband who embraced Islam by conversion cannot put forward a valid defence that conversion to Islam was with consent of wife and thereby he cannot avert an order for dissolution of marriage. 2007(1) Civil Court Cases 661 (Kerala) (DB)

Hindu Marriage Act, 1955, Section 13(1) - Divorce - Cruelty - When there is proof of a deliberate course of conduct on the part of one, intended to hurt and humiliate the other spouse, and such a conduct is persisted, cruelty can easily be inferred. 2007(1) Apex Court Judgments 322 (S.C.) : 2007(1) Civil Court Cases 606 (S.C.)

Hindu Marriage Act, 1955, S.13(1)(a) - Divorce - Cruelty - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. 2007(1) Apex Court Judgments 634 (S.C.) : 2007(2) Civil Court Cases 144 (S.C.)

Indian Penal Code, 1860, Section 299 - Murder - Lack of proper medical treatment - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. 2007(1) Criminal Court Cases 803 (S.C.)

Indian Penal Code, 1860, Section 302 - Gun shot injury - Fingerprint and ballistic expert not examined - Blood found on revolver not sent for chemical examination - This by itself does not negate the circumstances which have proved the guilt of accused beyond all reasonable doubt. 2007(1) Criminal Court Cases 761 (S.C.)

Indian Penal Code, 1860, Section 304 Part II - Sudden fight - Quarrel continued for a long time - It can be presumed that there was no pre-meditation - Accused guilty of offence u/s 304 Part II IPC. 2007(1) Criminal Court Cases 1033 (S.C.)

Indian Penal Code, 1860, Section 304-B - Dowry demand - Demand of money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry and conviction for dowry death on such demand cannot be sustained. 2007(1) Apex Court Judgments 290 (S.C.)

Indian Penal Code, 1860, Section 306, 302 - Dowry death - Charge u/s 302 and conviction u/s 306 IPC - Accused can be convicted for an offence for which no charge was framed if Court is of opinion that no failure of justice would in fact occasion. 2007(1) Apex Court Judgments 369 (S.C.) : 2007(1) Criminal Court Cases 487 (S.C.)

Indian Penal Code, 1860, Section 306 - Abetment of suicide - Deceased pregnant - A young pregnant woman having a child in the womb would not commit suicide unless she was compelled to do so - Conviction upheld. 2007(1) Criminal Court Cases 548 (S.C.)

Indian Penal Code, 1860, Section 34 - Common intention - Number of injuries suffered by deceased - Clearly point out that the same could not have been inflicted by one person - Common intention, therefore, can be inferred. 2007(1) Criminal Court Cases 1002 (S.C.)

Indian Penal Code, 1860, Section 409 - Criminal breach of trust - Where entrustment is admitted by accused, it is for him to discharge the burden that entrustment has been carried out as accepted and the obligation has been discharged. 2007(1) Criminal Court Cases 1102 (S.C.)

Indian Penal Code, 1860, Sections 95 to 102 - Private defence - Right of - Not necessary to lead evidence - Can be proved from the evidence of prosecution. 2007(1) Criminal Court Cases 723 (S.C.)

Indian Penal Code, 1860, Ss.302/34 - Common intention - Direct evidence - Not necessary - Can be inferred from the surrounding circumstances and the conduct of the parties.2007(2) Criminal Court Cases 098 (S.C.)

Indian Penal Code, 1860, S.299 - Murder - Plea of lack of proper medical treatment - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. 2007(1) Apex Court Judgments 727 (S.C.)

Indian Penal Code, 1860, S.304 Part II - Sudden fight - Quarrel continued for long time - If quarrel continued for a long time then it can be presumed that there was no pre-meditation. 2007(1) Apex Court Judgments 533 (S.C.)

Indian Penal Code, 1860, S.306 - Abetment of suicide - Deceased pregnant - A young pregnant woman having a child in the womb would not commit suicide unless she was compelled to do so - Conviction upheld. 2007(1) Apex Court Judgments 500 (S.C.)

Indian Penal Code, 1860, S.34 - Common intention - Number of injuries suffered by deceased - Common intention can be inferred. 2007(1) Apex Court Judgments 427 (S.C.)

Indian Penal Code, 1860, S.494 - Bigamy - Proof - Must be proved that second marriage was performed in accordance with all the essential religious rites as applicable to the parties.2007(2) Criminal Court Cases 087 (P&H)

Indian Penal Code, 1860, S.498-A - Suicide - Cruelty - Deceased having lethargic habits - Accused reprimanding deceased - Cannot be considered as acts of cruelty.2007(2) Criminal Court Cases 072 (Karnataka)

Intercaste marriage in which one of the parents is a Scheduled caste - Children not entitled to reservation - However, eligible for educational and monetary benefits. 2007(1) Civil Court Cases 381 (Kerala) (DB)

Interim order - A relief which can be granted only at the final hearing of the matter, should not ordinarily be granted by way of an interim order. 2007(1) Apex Court Judgments 643 (S.C.)

Last seen theory - May be relied upon or may form the basis of conviction which, however would depend upon facts and circumstances of each case. 2007(1) Apex Court Judgments 237 (S.C.)

Legal Services Authorities Act, 1987, Section 22B r/w Section 22A(b) - Permanent Lok Adalat - Has no jurisdiction to pass a decree of divorce by mutual consent. 2007(1) Civil Court Cases 432 (Calcutta)

Maxim - The maxim "falsus in uno falsus in omnibus" has no application in India.2007(2) Criminal Court Cases 173 (S.C.)

Medical evidence and ocular evidence - When some discrepancies are found in the ocular evidence vis-a-vis medical evidence, the defence should seek for an explanation from the doctor - He should be confronted with the charge that he has committed a mistake. 2007(1) Apex Court Judgments 349 (S.C.) : 2007(1) Criminal Court Cases 615 (S.C.)

Medical evidence - Death - Exact time - Exact time of death cannot be established scientifically and precisely, only because of presence of rigour mortis or in the absence of it. 2007(1) Apex Court Judgments 349 (S.C.) : 2007(1) Criminal Court Cases 615 (S.C.)

Medical evidence - Death - Rigour mortis - Appears after two to three hours - It is well developed from head to foot in about 12 hours - The age, muscular condition and activity before death, manner of death and atmospheric conditions are relevant factors. 2007(1) Apex Court Judgments 349 (S.C.)

Medical evidence - Distance of firing - Ordinarily charring takes place if firing is done from a distance of less than four feet. 2007(1) Criminal Court Cases 615 (S.C.)

MEDICAL - Even person with no history of heart problem can suffer a heart attack and can die. 2007(1) Apex Court Judgments 513 (S.C.) : 2007(1) Criminal Court Cases 893 (S.C.)

Motor Vehicles Act, 1988, S.166 - Accident - Compensation - Parents - It is the age of the claimants which determines the multiplier to be adopted. 2007(1) Apex Court Judgments 565 (S.C.)

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 41, 42 & 50 - Contraband - Recovery from scooter - Search carried out in violation of provisions of law - Has a bearing on the credibility of evidence of official witnesses which is to be considered on the facts and circumstances of each case. 2007(1) Criminal Court Cases 467 (S.C.)

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 41, 42 & 50 - Contraband - Search carried out in violation of provisions of law - Has a bearing on the credibility of evidence of official witnesses. 2007(1) Apex Court Judgments 232 (S.C.)

Negotiable Instrument Act, 1881, S.138 - Dishonour of cheque - Even if cheque is issued as a security for payment, it is negotiable instrument and encashable security at the hands of payee - Not a ground to exonerate the penal liability u/s 138 of N.I. Act. 2007(2) Civil Court Cases 096 (Karnataka)

Negotiable Instrument Act, 1881, S.138 - Dishonour of cheque - Time barred complaint - Condonation of delay - Application be decided after hearing the parties. 2007(2) Civil Court Cases 028 (Delhi)

Negotiable Instrument Act, 1881, S.138 - Dishonour of cheque - Validity - Within a period of six months - Date of cheque is not to be excluded in calculating the period of six months. 2007(2) Civil Court Cases 193 (Kerala)

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243, Evidence Act, 1872, Section 45 - Dishonour of cheque - Signatures denied - Sending cheque to document expert - Should be granted. 2007(1) Criminal Court Cases 655 (S.C.)

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 - Dishonour of cheque - Blank cheque - It is open for the holder of cheque to fill up blanks and specify the amount therein. 2007(1) Criminal Court Cases 682 (Bombay)

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Sections 482 and 200 - Dishonour of cheque - Delay - Condonation - First notice of application be issued to the other side without taking cognizance of complaint - Application be decided after hearing the parties. 2007(1) Criminal Court Cases 838 (Delhi)

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, S.357(4) - Dishonour of cheque - Imprisonment alone - Complainant cannot recover the money - Accused directed to pay compensation equal to that of cheque amount. 2007(1) Criminal Court Cases 869 (Madras)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Account number changed without consent of drawer as drawer of cheque - Amounts to material alteration. 2007(1) Civil Court Cases 526 (Karnataka)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Blank cheque - Open for the holder of cheque to fill up blanks and specify the amount therein. 2007(1) Civil Court Cases 423 (Bombay)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Compensation - Default imprisonment - Shall lapse at any time when payment is made. 2007(1) Civil Court Cases 436 (Kerala)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Material alteration - Account number changed - Amounts to material alteration - Instrument void in law - No action lies u/s 138 of the Act. 2007(1) Criminal Court Cases 440 (Karnataka)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Notice - Can be served either through Registered Post or through UPC. 2007(1) Criminal Court Cases 887 (Delhi)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Time barred debt - Cheque constitutes an agreement or promise by the debtor to pay the time barred debt - Drawer held guilty of offence. 2007(1) Criminal Court Cases 1077 (Karnataka) 975 See also (Kerala)

Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Undated cheque - Holder of cheque can put date of his choice. 2007(1) Criminal Court Cases 682 (Bombay)

Negotiable Instruments Act, 1881, Sections 138, 141 - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company. 2007(1) Criminal Court Cases 1060 (Kerala)

Negotiable Instruments Act, 1881, Sections 138, 141 - Dishonour of cheque - Company - Nominated Director by IDBI - Proceedings against petitioner quashed. 2007(1) Criminal Court Cases 822 (Delhi)

Negotiable Instruments Act, 1881, Sections 138, 141 - Dishonour of cheque - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company. (Kerala)

Negotiable Instruments Act, 1881, Sections 138 & 141 - Dishonour of cheque - Company - No averment in complaint as to how and in what manner the Director was responsible for the conduct of business of Company or otherwise responsible to it in regard to its functioning - Proceedings against Director quashed. 2007(1) Apex Court Judgments 243 (S.C.)

Negotiable Instruments Act, 1881, Sections 138 & 141 - Dishonour of cheque - Company - Director - Absence of necessary averments in complaint - Proceedings against Director quashed. 2007(1) Criminal Court Cases 842 (S.C.)

Negotiable Instruments Act, 1881, Sections 138 & 141 - Dishonour of cheque - Company - Director - Absence of necessary averments - Proceedings against Director quashed. 2007(1) Civil Court Cases 624 (S.C.) 597

Negotiable Instruments Act, 1881, Sections 138 - Dishonour of cheque - Cheque issued for discharge of a time barred debt - Such a cheque is within the sweep of Section 138 Negotiable Instruments Act. 2007(1) Civil Court Cases 670 (Kerala) 729 & (Karnataka)

Negotiable Instruments Act, 1881, Sections 138 - Dishonour of cheque - Company - Nominated Director - Cannot be prosecuted for dishonour of cheque. 2007(1) Civil Court Cases 590 (Delhi)

Negotiable Instruments Act, 1881, Sections 138 - Dishonour of cheque - Notice - Can be served either through Registered Post or through UPC. 2007(1) Civil Court Cases 781 (Delhi)

Negotiable Instruments Act, 1881, Sections 138 - Dishonour of cheque - Sentence of imprisonment alone - Complainant cannot recover money - Accused directed to pay compensation equal to that of cheque amount. 2007(1) Civil Court Cases 646 (Madras)

Negotiable Instruments Act, 1881, Ss.138, 141 - Dishonour of cheque - Company - Director - Liability of Director must be determined on the date on which the offence is committed. 2007(2) Civil Court Cases 127 (S.C.)

Negotiable Instruments Act, 1881, Ss.138, 141 - Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed.2007(2) Criminal Court Cases 026 (S.C.)

Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Section 243, Evidence Act, 1872, Section 45 - Dishonour of cheque - Signatures on cheque denied - Sending cheque to document expert sought when case was at the stage of defence evidence - Such a request should be granted unless Magistrate thinks that such a request is vexatious or delaying the criminal proceedings. 2007(1) Apex Court Judgments 524 (S.C.)

Negotiable Instruments Act, 1881, S.138 Proviso (a) - Dishonour of cheque - Validity period - Date of cheque is not to be excluded in calculating the period of six months.2007(2) Criminal Court Cases 350 (Kerala)

Negotiable Instruments Act, 1881, S.138 - Cheque issued in respect of uncertain future liabilities - Dishonour of such cheque does not attract prosecution u/s 138 of NI Act.2007(2) Criminal Court Cases 333 (Karnataka)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed. 2007(1) Apex Court Judgments 668 (S.C.)

Partnership Act, 1932, Section 69(2) - Partnership firm - Subsequent registration of firm - Does not cure the initial defect in filing of suit. 2007(1) Civil Court Cases 487 (S.C.)

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