Showing : 41-50 of 1385 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Partition suit-- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Once charge is framed, there cannot be any question of discharge...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Charge already framed and explained to accused - 125 PWs are already examined by prosecution and they are cross-examined by accused - There is no question of discharge of accused - Application for discharge rightly dismissed...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 258, 251-- Discharge - Summons case - If the facts alleged in the final report do not constitute any offence, Magistrate to drop the proceedings and release the accused...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 258, 251-- Discharge - Summons case - If word `discharge' is used in a summons case, it cannot be said to be illegal - Court may use the word `release' or `discharge' when it finds that the proceedings cannot be continued in a summons case and consequently it drops the proceedings...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35-- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned person..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Accused admitted business relations with complainant - Balance amount against accused was clearly reflected in ledger account of complainant - Accused too acknowledged his liability on account reconciliation written on letter pad of his firm -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Proceedings under the Act are predominately of civil nature and it is only when there is breach of protection order as contemplated u/s 31 of the Act and failure or refusal to discharge duty without any sufficient cause by protection officer as contemplated..........

Showing : 41-50 of 1385 Results