Showing : 81-90 of 1455 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss 420, 467, 471, 409, 120-B IPC - Petitioner was working as clerk in municipal Board, therefore, while maintaining files he was acting or purporting to act in discharge of his official duty, hence, sanction for prosecution u/s 197 Cr.P.C was essential -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - To attract protection u/s 197 Cr.P.C., Court is required to see acts/omissions attributed to public servant done by him while acting or purportedly to act in discharge of his official duty...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Plea that cheque was issued as security - Onus is on accused to establish that cheque issued was as security but the same was not done - Presumption is in favour of complainant that it was on account of discharge of financial liability - Though such presumption..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 3-- Last seen evidence - It is an important event in chain of circumstances that would completely establish and/or could point to guilt of accused with some certainty - However, this evidence alone cannot discharge burden of establishing guilt of accused beyond reasonable doubt and requires..........

Showing : 81-90 of 1455 Results