Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Bringing on record a judgment of conviction of plaintiff in a case of dishonour of cheque amounting to Rs.4 lacs on the plea that a person convicted for dishonour of cheque amounting to Rs.4 lacs cannot be believed to advance loan of more than Rs.10 lacs - Transactions of the instant..........
Indian Penal Code, 1860, Section 409, 403, 477A, 107, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Criminal Breach of trust - Misappropriation of funds of bank - Plea of clerical mistake - Accused No.1 being a public servant misappropriated the funds of bank by manipulating accounts to facilitate unlawful gains to accused No.3 - Accused No.1 has..........
Specific Relief Act, 1963, Section 6 -- Claim for Possession of property - Onus is on plaintiff to prove that defendant had encroached upon any portion of suit land - No specific plea that defendant had encroached upon disputed land - Defendant admits his adverse possession over land other than suit land - Plea of plaintiff that alternate plea of adverse possession raised..........
Allotment of plot -- Refusal for grant of extension time - Validity - Petitioner's first application for extension of time was accepted but did not arrange the funds within said extended period taking plea that commutation was received before 4 days of completing 30 days period - Petitioner was well aware of fact that amount is to be deposited within 30 days of allotment..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........
Adverse Possession -- Appellants have been shown in the revenue record in cultivating possession and did not claim plea of tenancy - Appellant are in unauthorized possession of suit land, inasmuch, no evidence has come to record to enable them to become owners by way of adverse possession - Plea of limitation would not come to aid of appellant to claim adverse possession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c) -- Contraband - Plea of false implication - No averment in statement u/s 313 Cr.P.C regarding false recovery nor any complaint made against officers of Customs and Excise Department for false implication - Prosecution case cannot be discarded merely on the ground that recovery memo was prepared in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complainant alleged that accused availed loan from him and agreed to pay the same in monthly installment but the cheque issued for payment is dishonored - Accused took plea that the complainant had got his signatures on the blank cheques and other papers but no loan amount was disbursed to him - Absence..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of Age - Petitioner took plea of juvenility - Neither any inquiry has been conducted nor any finding, has been recorded - Application of petitioner dismissed only on ground that he has placed on record the..........
