Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived between parties - Conviction set aside - Accused acquitted - Plea for exemption to pay 15% of cheque amount as compounding fee - As accused has arranged amount of compensation to be paid to complainant with great difficulty by borrowing the same from his nearer and dearer..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Plea of mistaken identity of accused - Eye witness/PW8 stated that he had seen A-6 and other accused earlier when they had been identified to him - A-3, A-4 and A-5 were arrested on same day, though A-6 was arrested subsequently - Recovery of weapons was also made due to..........
Adverse possession -- Mutually - inconsistent or mutually destructive pleas cannot be taken in plaint in the matter of plea of adverse possession...........
Adverse possession -- Whenever - plea of adverse possession is raised, it pre-supposes that owner is someone else and person taking plea of adverse possession is not actual owner but had perfected his title by prescription since real owner failed to initiate any proceeding for restoring possession within prescribed period under statue...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Wakf Act, 1995, Section 64, 69 -- Muslim Law - Mutawalli - Suit filed by Respondents for declaration that office of mutawalli was vested with them by custom - Plea of appellants that mosque to be managed by elected committee as per compromise decree - Respondents through evidence clearly showing practice of continuous and invariable devolution of office of mutawalli..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Compromise decree - Plea of fraud - Where plea that compromise decree is vitiated by fraud has been raised, merits of such plea could only be decided by civil Court upon consideration of evidence adduced by parties, parties cannot be referred to arbitration...........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Plea of alibi - Kidnapping and rape case - Defence theory in the form of alibi is absolutely flimsy and untenable, as same is not taken by accused himself - Furthermore, plea of alibi being a weak plea cannot supersede strong direct evidence led by prosecution to bring home guilt of..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Kidnapping and rape of 4-1/2 years old girl - Testimony of victim - Victim was subjected to brutal vicious sexual assault - She identified accused to be assailant and stated that he fell on her - Victim stated that because of foul act of accused she started bleeding from her vaginal area - Testimony of victim is..........
