Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim filed on basis of cause of action arisen after filing of plaint is not permissible...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Bharatiya Nyaya Sanhita, 2023, Section 69 -- Sexual intercourse by employing deceitful means - False promise to marriage - If both the parties are aware of a subsisting marriage, it cannot be alleged that the sexual intercourse between them was with a promise to marry...........
Bharatiya Nyaya Sanhita, 2023, Section 69 -- Sexual intercourse by employing deceitful means - False promise to marriage - Once the admitted case of the prosecution itself is that the de facto complainant is a married woman, then there cannot be sexual intercourse with the promise of marriage...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A -- Preliminary enquiry - Provision bars any form of preliminary enquiry before registration of FIR where complaint discloses a cognizable offence under the Act - Consequently, subsequent action of police based on such direction stands vitiated and is unsustainable in law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Prima facie respondent/wife has put forth bundle of material facts in plaint in support of her relief for division of properties and therefore, wife established cause of action for filing the suit - Cause of action pleaded by wife in plaint is not solely based on judgment passed by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - 100% burn injury - Conviction - Appreciation of evidence - Prosecution failed to examine the attending doctor of deceased to prove her mental condition at time of giving the dying declaration - Further, nothing on record, including the dying declaration, suggested that accused instigated or..........
