Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Respondent having no objection for compounding - Judgment of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused stated that he is earning his livelihood somehow by doing private job and as such he is not a position to pay the compounding fee - Held, it is an appropriate case to exempt the accused from paying the compounding fee...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of revision filed against order of conviction - Court may proceed to compound the offence while exercising power u/s 147 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per complainant, she out of her own volition and without there being any external pressure entered into compromise with accused and in case she gets entire amount, she shall have no objection in setting aside order of conviction - Offence compounded - Conviction set..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Offence compounded - Conviction set aside - Accused acquitted...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Spot witnesses - Murder case - Material witnesses are spot witnesses - No reliance therefore can be placed with regard to manner and sequence of events of alleged incident, more particularly when there are irreconcilable inconsistencies with regard to manner in which incident as..........
Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Murder - Deceased expired on account of injuries received in incident of quarrel - However, what was real cause of injuries not proved on record - Contradictions, inconsistencies and discrepancies in deposition of spot witnesses are establishing three parallel stories with respect to manner and sequence of events of..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
