Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Phrase `unless the award otherwise directs" in S.31(7)(b) of the Act, only qualifies the rate of interest - According to S.31(7)(b), if arbitrator does not grant post award interest, the award holder is entitled to post-award interest at 18% - Arbitrator has discretion to..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Reduction of sentence - Conviction of father-in-law and mother-in-law - Demand of dowry has been established and proved by prosecution - Deceased died within a period of one year of her marriage - Offence u/s 304-B IPC is the offence against society - Such offences have serious impact upon society - Imposing..........
Evidence Act, 1872, Section 65B, 58, Indian Penal Code, 1860, Section 500 -- Defamatory email - Accused admitted in his evidence and statement u/s 313 Cr.P.C. of having sent the email - Prosecution cannot rely upon defence evidence - Statement of accused u/s 313 Cr.P.C. cannot be read in evidence - Complainant is required to prove email by otherwise than admission -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b) -- Expression `reasonable grounds' in S.37(1)(b) of the Act, means credible, plausible and grounds for Court to believe that accused person is not guilty of alleged offence...........
Indian Penal Code, 1860, Section 304B, 120B -- Dowry death - Deceased committed suicide within seven years of her marriage - Room in which deceased died was locked from inside and door was forced open by villagers - Smell of kerosene oil was emanating from body of deceased - Possibility of an accidental death can safely be ruled out - Motor cycle was demanded by accused..........