Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Indian Penal Code, 1860, Section 376,90 -- Rape - Misconception of fact - Sexual relation on false promise of marriage resulting in birth of child - Accused did not give his blood for DNA test to ascertain paternity of child - Adverse inference may be easily drawn against accused - No evidence that victim was girl of easy virtue or had chance of being pregnant through any..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Service of notice - Validity - Complainant stated in complaint petition that notice was returned due to no, receipt of legal notice - He nowhere stated or proved that accused had deliberately evaded service of notice knowing full well about issuance of notice, or he got false endorsements made on..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Burnt by pouring kerosene - Projected by defence that deceased died because of an accident of stove fire while cooking food and that accused suffered injuries when he was trying to break open the door of the kitchen with the intention to save the deceased - Not even a single burn injury was found on the body of..........
Criminal trial -- Accused who raises false plea before Court would normally earn criticism of Court leading to adverse inference...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Accused had given false replies to the questions posed to him - If accused gave incorrect or false answers during course of his statement u/s 313 CrPC, Court can draw adverse inference against him...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Accused had given false replies to the questions posed to him - If accused gave incorrect or false answers during course of his statement u/s 313 CrPC, Court can draw adverse inference against him...........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Consensual sex - When news spread in the village, prosecutrix made a false allegation against petitioner - Delay of two days in lodging FIR - Without expressing opinion on the merits of the case, bail granted...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - False and irrelevant pleas - Appellant is guilty of suppressing material facts and introduction of false pleas and irrelevant documents - Plea of adverse possession has no foundation or basis in the facts and circumstances of case and was just introduced to gain undue benefits - As a result, Court got into trap..........
