Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption is as to issuance of cheque for discharge of any debt or other liability and not as to legally recoverable debt - Complainant has to be establish as to legally recoverable debt...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Ingredients of the offence are : (i) entrusting a person with property or with any dominion over property, (ii) that person entrusted (a) dishonestly misappropriating or converting that property to his own use; or (b) dishonestly using or disposing of that property or wilfully suffering any other person so..........
Criminal Procedure Code, 1973, Section 251 -- Summons case - Discharge of accused - Held, S.251, Cr.P.C. does not empower Magistrate to discharge accused facing trial in summons cases...........
Contempt of Courts Act, 1971, Section 14, 12 -- Contempt of Court - Shouting, using offensive, intemperate and abusive language and throwing chappal at the Judges - (As per Arijit Pasayat, J.) - There is no need to issue a notice as contemnors stated in open Court that they stand by what they have said and did in Court - Sentenced to three months SI - (As per Asok Kumar..........
Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - In civil cases it is that of 'balance of probability' and not that of 'beyond reasonable doubt' - Minor inconsistencies in evidence are not relevant in civil cases in considering the question of discharge of burden...........
Medical negligence -- Compensation - Surgery of ear for 'Modified Radical Mastoidectomy' - The child developed facial paralysis after surgery as nerve in the ear was dead - The doctors at AIIMS advised not to undergo further surgery, as it would involve further risk to life of the patient - Medical records neither given to the complainant nor produced before the District..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Originally issued of a/c No.1242 - This a/c No. scored off and instead thereof a/c No.1367 incorporated which also belonged to accused - Cutting not authenticated by accused - Accused never intended to issue cheque in relation to his account No.1367 to discharge his outstanding legal liability and..........
Army Rules, 1954 -- Disability pension - Discharge - On completion of term of engagement through the Release Medical Board - Petitioner placed in Low Medical Category CEE(T) having suffered disability i.e. Chip Fracture Ante Rosuperior Margine of LV - 4 - Disability of petitioner assessed by Pre - Release Medical Board at 30% for two years - The disability reduced by..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 294, 384 -- Sanction for prosecution - Arrest of an accused in discharge of official duty may involve some elements of force which cannot be said to be unconnected with duty of an arresting police officer - Such assault might be in excess of performance of official duty but cannot be totally..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge of accused - Recording of reasons - Duty of court - Held, S.227 of the Code provides that if upon consideration of record of case and documents submitted therewith and after hearing submission of accused and prosecution in this behalf, Judge considers that there is no sufficient ground for proceeding against..........
