Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - Contractual obligations under an agreement of sale will prevail over rights of attaching creditor...........
Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - If a property which is subject matter of contract of sale is attached, then attachment will be enforceable against balance amount payable by purchaser...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
