Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Merely because accused is a deed writer proceeding against him cannot be quashed as the offence of forgery and criminal breach of trust by..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Interim relief can be granted merely upon satisfaction that application by wife prima facie discloses commission of domestic violence - Veracity of case of wife would be tested during course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376(2)(n), (f) -- Discharge - Rape - Victim specifically stated that accused subjected her to repeated sexual intercourse on the promise of marriage and thereafter retracted therefrom - Consent if any given by victim is vitiated as dealt u/s 90 IPC - Prosecution materials prima facie show..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Compromise - Offences under POCSO Act - When quashment sought for on the ground of settlement, when moved by defacto complainant or accused, prime consideration is whether there were materials to see commission of offences - If prosecution evidence would show prima facie materials to hold..........
Stamp Act, 1899, Section 47A -- Market value of property - Registering Officer after registration of document, can refer the same for adjudication before Collector, if he has reason to believe that there was deliberate undervaluation of property - Such a reference is not a mechanical act, but the Registering Officer should have a basis for coming to prima facie finding of..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
