Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act only with the consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Relationship between parties was existing for a long period of 10 years - However, prosecutrix never realized that accused was exploiting her by developing physical relation with her continuously - Consent in such case cannot be considered to be a consent..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Failure to keep promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506 -- Rape - False promise of marriage - Prosecutrix and accused are major, well educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because accused refused to marry her - Consensual..........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Hindu Law -- Joint Family property - Co-parcenars - A coparcener has no right to execute gift deed without the consent of other coparcener...........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Victim is habitual to sexual intercourse - No visible injury found on the body of victim or on her private parts - There is no corroboration of statement of victim also by medical evidence - Accused and victim were recovered while they were walking together - PW10 at whose residence accused is said to have..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
