Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Indian Penal Code, 1860, Section 452, 323 -- Offence u/ss 452, 323 IPC - Allegation against accused are of trespassing into bedroom of complainant and inflicting injuries to her - However, civil litigation between husband of complainant and accused with regard to house in question is pending - Present FIR is counter blast to the FIR lodged by accused against complainant -..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
