Criminal Procedure Code, 1973, Section 227 -- Discharge - Cognizance is always qua an offence and relates to initiation of proceedings, whereas discharge is only in respect of an accused and concerned with the existence of sufficient ground to proceed against accused...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Statement of prosecutrix in FIR is clear and specific pertaining to allegations of wrongful confinement as well as voluntary hurt by way of beatings, as was done by both accused with a common intention - In the statement, expression "common intention" need not be explicitly stated and the same..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued cheque to complainant in discharge of a legally enforceable debt - Cheque issued by accused was dishonoured due to insufficient funds in the account of accused - In spite of service of notice, accused failed to pay the amount covered by cheque - Conviction upheld...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant admitted that he was earning Rs.2/2.50 lakhs per year and had extended loan of Rs.4 lakhs to accused - However, complainant admitted that no pronote or writing was effected at the time of such hefty loan extended by him to accused - Complainant failed to disclose as to how he came in..........
Transfer of Property Act, 1882, Section 60 -- Usufructuray mortgage - Redemption - In case of usufructuray mortgage, a mortgage with possession, mortgagor retains right to redeem the property at any time, unless a specific time limit for redemption has been prescribed - Limitation period u/art 61 of Limitation Act begins only when mortgage money is fully discharged, either..........
