Ranbir Penal Code, 1989, Section 306 -- Abetment of suicide - Deceased and husband/accused were married for about thirty years and even after second marriage of husband, deceased had been living with accused and second wife for last 12 years - There being no complaint lodged by deceased in those long years with regard to any torture etc. by accused - No incriminating..........
Defamation -- Publication in newspaper that husband is going to marry for the second time during subsistence of first marriage - Wife in cross examination did not reveal the name of lady with whom her husband was going to marry - Wife also not disclosed the name of person who had disclosed this information to her - Thus there is ample proof of defamation...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Plea that cheque was lost - Intimation to police dated 12.03.2010 but it reach police only in the year 2011 - Respondent No.2 admitted in his cross examination that such intimation was sent to police only in 2011 but was never converted into a formal FIR - This further raises serious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - PW1 and PW2 proved recovery of 115 intoxicating tablets from conscious possession of appellant, who had thrown polythene pouch on the ground on seeing police party - Even, ASI also categorically stated that recovery was effected from appellant and had supported the..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Family members of deceased alleged that accused demanded dowry from deceased and upon same being not fulfilled subjected her to cruelty - However, I.O. stated that during cross-examination, they did not mentioned such dowry demand and cruelty - Neighbours of accused has stated that relationship..........
Payment of Bonus Act, 1965, Section 32 -- Applicability of Act - Appellant Trust is running factories - No evidence on record to show that appellant is run by Indian Red Cross Society or that appellant is an institution similar to said Society - Nor can it be said that appellant is an institution exempted u/s 32(v)(c) of the Bonus Act - There is thus, no doubt regarding..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Eye witnesses have named respondents as persons present on the site of occurrence - Respondents will have all defences open to them before trial Court to put forth their version of innocence, including by way of resort to cross-examination - Application allowed...........
