Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Permission granted to petitioner to examine private handwriting expert at his own cost - Application allowed...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties settled their real dispute amicably - Key prosecution witnesses declared their unequivocal intent to turn hostile at the trial - In such circumstances, merits and truth apart, proceedings in trial if allowed to continue may largely be a waste of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross-examination of complainant closed after giving various opportunities to accused - Accused submitted that for the act of his counsel, he cannot be made to suffer, as without cross-examination of complainant he will be left defenceless and shall have no remedy -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief, no discretion will be left with..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Cheque amount with assessed cost and interest paid - Court can close the proceedings even in absence of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- - Application allowed...........
Service -- Armed service - Promotion - Post of Colonel - General Court martial proceedings held against respondent - However, Central Government vide its order annulled Court martial proceedings with all `consequential benefits' - Such benefits would therefore, be those which are easily quantifiable i.e in the nature of loss of salary, emoluments and other benefits - But..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While granting or rejecting amendment following principles are required to be taken: (i) whether proposed amendment is imperative for effective adjudication of matter; (ii) whether amendment is bona fide or mala fide; (iii) amendment should not cause such prejudice to opposite part which cannot be..........
Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - A-1 and A-2 by accepting inferior quality of goods from A-3 and not deducting proportionate cost of value of goods supplied as per agreement, causing wrongful loss to Railways - Dishonest payment made for inferior quality, well proved by prosecution - In said..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 19 -- Maintenance - Total salary of husband is taken to be 3 lakhs p.a - Keeping in view the fact that cost of living is increasing as well as requirement of minor female child who is looked after by wife, interest of justice would be met, if Rs.15,000 p.m is awarded to wife as maintenance inclusive of..........
