Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Complainant has been put in fear of death by pointing a gun towards him and it was done to pressurize him to deliver Rs.5 lakhs - Allegations of putting a person in fear of death or grievous hurt would itself make him liable to be prosecuted u/s 387 IPC - Order of quashing of proceedings set aside...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Victim was only 14 years old at the time of alleged marriage and accused was 20 years old but below minimum legal age of marriage - There was thus, no valid marriage that could confer upon victim the status of a wife as required to invoke S.498-A IPC - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Where bleeding injury sustained by injured has been stated by PWs 1 to 4 and corroborated by evidence of I.O., non examination of doctor who had examined injured, cannot be a ground to set aside conviction of petitioner u/s 323 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on basis of fact that no independent witness had come forward to support prosecution case, prosecution story as set up by prosecution cannot be discarded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
