Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST..........
Criminal Procedure Code, 1973, Section 397(2), Prevention of Corruption Act, 1988, Section 19(3)(c) -- Revision - Order of framing charge - Whether an interlocutory order? - Held, any order which substantially affects rights of accused or decides certain rights of parties cannot be said to be interlocutory order so as to bar a revision against that order - An order which..........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - By itself does not create any interest in or charge on immovable property - Proprietary title does not pass on execution of agreement to sell - Until sale is complete no right to enforce pre-emption arises...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Delay of six years in filing charge sheet - Held, that no general proposition of law can be laid down that whenever there is delay on the part of investigating agency in completing the investigation, such a delay can be ground for quashing the FIR - Court is to see if accused has been deprived of fair trial on..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- FIR lodged u/s 3(1)(x) of SCST Act - Quashing - Charge sheet filed and charge framed - Held, that at this sage Court is to see if a criminal offence prima facie is made out from the allegations made in FIR - Correctness of the..........
Criminal Procedure Code, 1973, Section 227, 228, Indian Penal Code, 1860, Section 498A, 304B -- Charge u/s 304-B but conviction u/s 498-A IPC - Charge not framed u/s 498-A - Held, that accused can be convicted u/s 498-A IPC though no specific charge was framed u/s 498-A IPC - Held, that appellant was not only aware of the charge of cruelty but he got and availed the..........
Criminal Procedure Code, 1973, Section 464 -- Error or omission in framing charge - Held, that any error or omission in the charge including any misjoinder of charges shall not result in invalidating the conviction or order of competent Court unless appellate Court comes to a conclusion that failure of justice has been occasioned thereby - Appeal dismissed - Order of High..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - An allegation in the complaint that the named accused are Directors of the company itself would usher in the element of their acting for and on behalf of the company and of their being in charge of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - A person in the commercial world having a transaction with a company is entitled to presume that the Directors of the company are in charge of the affairs of the company - If any restrictions on their powers are placed by the memorandum or articles of the company, it is for the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Directors of a Company which include partners of a firm are deemed to have committed an offence along with the Company if they are in-charge of the affairs of the Company and responsible to it...........
