Indian Penal Code, 1860, Section 323, 448 -- House trespass - Voluntarily causing hurt - Accused alleged to have used slang language towards victim at Fair Price Shop, assaulted her by fists and blows in her tea stall and even pressed her breasts - Injuries found on person of victim simple in nature - Accused found guilty of offence - Held, however, as 9 years had already..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Registered sale deeds - Execution of - Proof - Defendant No.1 has admitted her thumb impression on sale deeds - Sale deeds also contain recital with regard to payment of consideration - No threat was given by plaintiffs when defendant No.1 put thumb impression on documents - She has merely stated that plaintiffs..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file - Order passed by trial Court refusing permission to take written statement on record on the ground that defendant was not diligent enough to fulfil his undertaking - Defendant allowed to submit written statement on payment of costs of Rs.10,000/- in the paramount interest of substantial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written statement - Defendants have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of contraband - Commercial quantity - Conviction - Modification of sentence - While convicting appellants for offence u/s.20(b)(ii)(C) of the Act trial Court imposed minimum sentence of RI for 10 years and Rs.1,00,000/- as fine and in default of payment of fine to undergo further RI for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - (i) Delay in lodging FIR - It is an issue which is to be adjudicated upon by the trial Court; (2) Whether there is direct evidence or circumstantial evidence to prove the existence of offence u/s 120-B IPC is naturally..........
Civil Procedure Code, 1908, Section 96 -- Insurance claim - Delay in payment - Claim was filed by plaintiff in the year 1972 - Defendant/appellants have still not paid the amount to plaintiff - No case made out by defendant that doctor examined on behalf of plaintiff had given a wrong report - Age of deceased also supported by Matriculation certificate - There was no..........
