Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash transaction of Nine lakhs - Any violation of S.269SS of Income Tax Act does not render the transaction unenforceable u/s 138 of the Act or rebut the presumptions u/s 118 and 139 of NI Act. (Paras7 & 8)..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Appellate Court must make efforts to prioritize hearing appeals filed against conviction u/s 138 of the Act and decide the same within 60 days of filing and not later than 90 days where appellant is not in a a position to deposit compensation amount as ordered..........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Will -- Execution - Affidavit of examination-in-chief - Sole attesting witness examined in Court admitted that his chief affidavit i.e. examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief, evidentiary value of his statement in cross-examination is seriously dented - Such evidence does not inspire..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Discrepancies in timing of incident - Where core evidence of victim remains unshaken in cross-examination, minor discrepancies in peripheral details do not affect credibility of her substantive account - Conviction..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Non-examination of neighbours - Omission to examine neighbours not fatal when evidence of victim clearly shows that she was alone at time of incident - Conviction upheld...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Panch witness turning hostile - Where spot of incident is duly proved through testimony of investigating officer, any minor procedural lapse in conduct of spot panchanama does not undermine substantive..........
