Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrants issued against accused for procuring his presence - Accused is ready and willing to surrender/submit himself to jurisdiction of trial Court, but for having apprehension of arrest he has been constrained to approach Court - Non-bailable..........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Civil Procedure Code, 1908, Section 60(1)(g), Pensions Act, 1871, Section 11 -- Arrears of maintenance - Attachment of pension - Maintenance allowance granted to wife cannot be considered as debt and she is not a creditor - Pension of husband thus, cannot be exempted from attachment towards payment of maintenance as provided u/s 60(1)(g) CPC and S.11 of Pension Act...........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was lastly seen with deceased - Accused not denied that he had not taken deceased from house towards field to collect fodder and has also not taken a defence that on the way deceased had parted his company - Accused failed to rebut the presumption u/s 106 of Evidence Act - In such..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
