Bharatiya Nyaya Sanhita, 2023, Section 353(1)(c), 352(2) -- Offence u/ss 353(1)(c), 352(2) BNS - Circulation of false news in connection with SSC paper leakage case, do not satisfy requirements of Ss.353(1)(c), 352(2) BNS - Proceedings qua petitioners quashed...........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Agreement to sell -- Oral agreement - Agreement to sell does not create any interest in or charge on property - Ownership remains with seller hence, it does not require to be written on paper and it can be oral agreement as well...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Mere fact that cheques were issued as a security pursuant to a financial transaction, then too, cannot be considered as a worthless piece of paper...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Agreement to sell -- Validity - Plaintiff failed to prove that agreement to sell was a genuine document - Merely because stamp paper was purchased it cannot be held that agreement was genuine...........
Criminal Procedure Code, 1973, Section 193, 319 -- Cognizance of offence by Court of Session - Summoning of person as accused u/S. 193 - It is not proper for Court of Session to wait till the stage u/S. 319 CR.P.C to proceed against the person against whom prima facie case is made out from the material contained in case paper sent by the Magistrate while committing the..........
