Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is final Court of fact and law - However, it has to fall in line with scope and ambit of S.96 of the Code...........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non-payment - Licensee may take recourse to any remedy available in law for recovery of additional demand, but is barred from taking recourse to disconnection of supply u/s 56(2) of the Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 302, 120B -- Anticipatory bail - On parity basis - Absconding accused - Dowry death - Allegation against mother-in-law of deceased - Specific allegation on record accusing mother-in-law of deceased of paying a key role in alleged offence - Conduct of accused absconding for more than 2 years..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence committed outside India - Relevancy of foreign investigation - There is no bar in collecting evidence from abroad or from examining witnesses in such respect - However, result of foreign investigation de hors any judicial order passed even by a foreign Court on a similar law, cannot be..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Taking away stridhan articles from a married woman by mother-in-law amounts to a serious domestic violence apart from constituting an offence of criminal breach of trust under IPC...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation is date of institution of prosecution - Complainant cannot be non-suited for any subsequent delay in taking cognizance, issuing process or any other action contemplated under law for which the informant/complainant has no control...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Lack of pecuniary jurisdiction cannot be interpreted as bar of law - No case that relief claimed by plaintiffs is under valued or insufficiently stamped - Trial Court has jurisdiction to try case - Plaint not liable to be rejected...........
