Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Payment made - Complainant not agreeable - Held, even if cheque amount is paid it does not absolve accused of criminal offence if complainant is not agreeable to the compromise...........
Criminal Procedure Code, 1973, Section 147 -- Right of use of public path - Dispute - Obstruction caused by petitioner due to damaged path - Order directing removal thereof - Report of Tehsildar neither says about the dispute likely to cause breach of peace nor he was examined to substantiate his report which has denied fair opportunity to aggrieved party - Magistrate..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 323, 325 -- Conviction - Nature of offence - Common objection of unlawful assembly was only to cause grievous hurt - No intention to cause death as lathis were not wielded on vital parts of body of deceased - Conviction and sentence modified...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise after conviction - Order of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise after conviction - Table appended to S.320 Cr.P.C. is not attracted to offences under Negotiable Instruments Act - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 147, 149, 323, 326 -- Conviction - Appeal against - PWs made improvements and contradictions in their testimony regarding place of occurrence - Case of prosecution doubtful - Prosecution also failed to explain injuries on the person of accused - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 323, 302, 147, 148, 149 -- Common object - Common object does not require a prior concert and a common meeting of minds before the attack - It is enough if each has the same object in view and their number is five or more and they act as an assembly to achieve that object - The common object of an assembly is to be ascertained from the acts..........
Motor Vehicles Act, 1988, Section 147 -- Third party - Pillion rider on a scooter - Liability of Insurance Co. - Pillion rider on a two wheeler scooter not to be treated as a third party when accident has taken place due to rash and negligent driving of the scooter and not on the part of driver of another vehicle - Also liability of Insurance Company in a case of this..........
Motor Vehicles Act, 1988, Section 147 -- Insurer's liability - Third party - Pillion rider - Held that pillion rider on a two wheeler would not be a third party within the meaning of Section 147 of the Act when the accident has taken place owing to rash and negligent riding of the scooter on the part of the driver of another vehicle - The liability of the insurance company..........
Indian Penal Code, 1860, Section 307, 325, 147, 148, 149 -- Conviction - Affirmed by High Court - Appeal against - Prosecution suppressed the genesis of occurrence - Injured was declared hostile - In his statement before police he stated that three other persons armed with weapons were also present apart from the present four appellants - In the Court he sated that non..........
