Evidence Act, 1872, Section 61, 64 -- Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence...........
Indian Penal Code, 1860, Section 376, 377, 498A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Offence u/ss 376, 377, 498-A, 323 IPC - Offences alleged are primarily of private nature - Complainant is reported to have entered into compromise on his own volition - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant after recording the verification never remained present before trial Court for period of five years - Dilatory tactics on the part of complainant who set the criminal law in motion by filing private complaint..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Indian Penal Code, 1860, Section 302, 323, 324, 341, 148, 100 -- Murder - Right of private defence - Six accused persons sustained injuries in the incident - However, said fact is concealed by prosecution from Court - None of PWs explained the injuries sustained by accused persons including fractures sustained by three accused - Complainant side have only sustained simple..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures of accused - Sending cheque to FSL - Complainant sought examination of cheque in question by a Government appointed handwriting expert - Merely because cheque had already been examined by a private expert, application cannot be rejected on the..........
