Criminal Procedure Code, 1973, Section 195 -- False evidence - Private complaint - Where false evidence is given in Court, proceedings can be initiated only on the basis of a complaint in writing by that Court or of some other Court to which that Court is subordinate - No proceeding can be maintained at the instance of a private individual even though he may be person..........
Evidence Act, 1872, Section 74 -- Public documents - Private documents which are kept as public records by State shall form the public documents - All public documents u/s 74 of the Act are admissible as secondary evidence u/s 65(e) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Live-in-relationship -- Protection to life and liberty - Petitioners are major and are in live-in-relationship - They have come up to High Court with a mere allegation which has not been substantiated by any specific pleading - Petitioners do not claim for protection of marital relationship - They only allege that they being major are entitled to live with whomsoever they..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Action of accused removing undergarment of victim covering and protecting her private parts and forcibly made her lie down on the ground cannot be for any other oblique reason but indubitably for purpose of ravishing her - Relationship between parties was not acrimonious, obliterating element of false..........
