Indian Penal Code, 1860, Section 397, 392, 395 -- Charge simpliciter u/s 397 IPC is defective - It is to be framed alongwith S.392 or S.395 as the case may be - S.397 IPC being not a substantive offence, but only a rider to S.392, IPC a single charge need be formed for an offence u/s 392 read with S.397 IPC...........
Criminal trial -- Defective investigation - Defect in investigation by itself cannot be a ground for acquittal - There is a legal obligation on the part of Court to examine prosecution evidence de hors such lapses carefully to find out whether said evidence is reliable or not and to what extent it is reliable and as to whether such lapses affect the object of finding out..........
Agreement to sell -- Specific performance - Vendor having no title or defective title - It is open for purchaser to set up such a defence - Vendor cannot set up defect in his own title as a defence in a suit for specific performance by the purchaser...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount along with interest - Amount demanded was more than cheque amount - Notice cannot be termed as defective...........
Defective investigation -- Prosecution evidence when beyond reasonable doubt then court cannot acquit accused on ground of some defects in the investigation - However, in case defects in the investigation are such as to cast a reasonable doubt in the prosecution case, then of course the accused is entitled to acquittal because of such doubt...........
Criminal Procedure Code, 1973, Section 216 -- Charge - Addition or alteration - Court at any time before judgment can add or alter charge - Question of addition or alteration of charge arise either because Court finds the charge already framed to be defective for any reason or because such addition is considered necessary after commencement of trial having regard to the..........
Investigation -- Defective investigation - Unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or seriously prejudice the defence of the accused, the court would not set aside the conviction of the accused merely on the ground of tainted investigation...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Govt. did not allege that said notice was defective - No issue was framed on the question of lack of notice or that notice is defective - Suit could not have been dismissed on the ground of want of notice u/s 80 CPC...........
Rent and Eviction -- Question of title - Held, in an eviction petition Court is to decide only relationship of landlord and tenant - As far as question of title is concerned, that can only be incidentally gone into but cannot be decided finally - A tenant cannot deny title of landlord, however, defective it may be until and unless he claims ownership- Second question to..........
