Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354B, 448 -- Sexual assault - Mother of victim corroborated the contents of written complaint and she stated that victim narrated the whole incident to her and thereafter she also narrated the same to her husband - Alleged sexual assault could not be disputed in spite of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Occurrence took place when deceased was alone at home - Motive for occurrence has been spoken by PW1 which was corroborated by PW2 - Defence has not disputed the motive aspect spoken to by PW1 and PW2 - Evidence of doctor coupled with post mortem certificate, established that deceased died due..........
Will -- Exclusion of daughters from property under Will - Testator while executing Will in favour of his wife and three sons to the exclusion of two daughters, specifically stated in the Will that he has two married daughters - Testamentary disposition has been made in order to make deviation from natural succession - Moreover, one of daughter has not disputed the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Quantity of contraband recovered is disputed - Said fact alone is enough to cause a serious dent in prosecution version - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed question of fact involved in the case - Issuance of cheques are not denied - Once cheque is issued, presumption is always there in the light of S.139 of N.I Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
