Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
Negotiable Instruments Act, 1881, Section 138,142(2) -- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a complaint filed before the..........
Motor Vehicles Act, 1988, Section 100(4) -- Applicability of S.100(4) - Held, provision of S.100(4) of the Act is not encumbered by any other provision of that Section - It follows that the period of one year is to commence from the date of publication of the proposal concerning Scheme in the official gazette...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Admission of ownership of landlord by tenant in written statement filed in earlier rent petition - In present eviction petition submission made by counsel for tenant that landlord had failed to prove his ownership - Held, submission is of no help -..........
Limitation Act, 1963, Section 5 -- Expression "sufficient cause" - Liberal construction - Held, expression "sufficient cause" within the meaning of Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice but the principle is applicable only when no negligence or inaction or want of bona fides is imputable to the party..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Court has power to require any person in whose possession any document is believed to be, which is required for trial of the case, to attend and produce such document, but the Section nowhere empowers the Court to compel an accused to produce any evidence against him...........
Criminal Procedure Code, 1973, Section 233(3) -- Production of documents - Refusal - Validity - Two applications relating to the calling for the original Note Book of Sonu (deceased) and sending the Mobile Set for forensic examination - Court refused to consider only on the ground that petitioner did not raise his grievance with regard to aforesaid matter in Cr.Misc...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Culpable homicide not amounting to murder - Simple hurt - Proof - There was a fatal single blow on the head caused by accused with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury is likely to cause death and further that accused `K' had dealt Danda blow on..........
Criminal Procedure Code, 1973, Section 190, 200 -- Private complaint - Cognizance of offence - Procedure to be followed - Whenever a private complaint is received by a Magistrate, he is placed under obligation to record the sworn statement of the complainant - Whatever may be the extent of application of mind to the facts of the case, recording of statement is treated..........
