Indian Penal Code, 1860, Section 302, 304(Part I), 34 -- Nature of offence - Incident occurred after verbal altercation between parties - There was no pre-planning or premeditation to commit crime by accused - A-1 and A-2 in a heat of passion caught hold of deceased and his wife/A-3 out of anger brought kerosene and poured it - In dying declaration, it is rightly stated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of legally enforceable debt is a pre-requisite for issuance of a cheque...........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitral award - Setting aside - Requirement of pre-deposit of 75% of awarded amount as per S.19 of MSMED Act, while challenging award u/s 34 of A&C Act is mandatory...........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- (As applicable pre-amendment Act, 2015) - Arbitral award - Interest - Sum directed to be paid by arbitral award shall unless award otherwise directs, carry interest @ 18% p.a from the date of award to date of payment...........
Criminal Procedure Code, 1973, Section 428 -- Benefit of set-off - Pre-conviction period of detention suffered by accused even if it is the nature of simple imprisonment is to be set off against sentence of rigorous imprisonment...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of injured witness - Injured identified the accused, as mentioned in FIR that he is middle son-in-law of his uncle - FIR promptly lodged and proved by PW1 and maker of FIR - Evidence of injured witness is corroborated by medical evidence - Big knife was used and incident was pre-planned by accused -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Trial Court dismissed the petition to discharge by holding that disputed question of fact and plea of defence taken by accused cannot be taken into consideration at the pre-trial stage - No legal flaw or infirmity in the impugned order of trial Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 12th day of service of notice - Complaint rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
