Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - If proceedings are at the stage of evidence, complaint cannot be transferred to any other Court and has to be continued before the Court where it is pending...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty & desertion - Husband an army officer admitted that he never kept his wife with him - Nor he maintained his wife and son - Wife forced to file complaint u/s 125 Cr.P.C - Son of parties stated that his father used to beat his mother - Statement of son duly corroborated by Pradhan of Gram Panchayat - Wife also filed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Source of income - It is a relevant question in the complaint u/s 138 of the Act - Production of agreement to sell by way of additional evidence to show source of money - Held, production of this evidence will certainly assist Court to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Disputed questions of facts involved in the case, neither admitted by complainant nor apparent on face of record - Such type of disputed factual defences can be appreciated only by trial Court after parties lead their evidence - High Court committed grave error by interfering..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Evidence Act, 1872, Section 9 -- Test identification parade - Petitioners were not known to complainant as well as witnesses prior to incident - Complainant in his complaint named only four persons though later he named the petitioners in his statement u/s 161 Cr.P.C - Case of petitioners is different from accused persons as accused persons are absconding and possibility..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused allegedly demanded sum of Rs.10,000 for supply of grocery articles and renewal of licence - However, evidence on record shows that said licence was already renewed, thus, there was no occasion for accused to demand an amount of Rs.10,000/- - Complainant stated that he received call of..........
Evidence Act, 1872, Section 8, 157 -- Subsequent conduct - Rape case - Statement of mother of prosecutrix that prosecutrix told her immediately after the incident that she was subjected to rape by accused and factum of making complaint and the terms thereof becomes relevant as subsequent conduct u/ss 8 & 157 of Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of criminal complaint against husband or his family members per se does not constitute cruelty including from the result of acquittal therein, in the absence of evidence showing that the same are false or made with intend to ill-treat or harass by disproving said allegations...........
