Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Merely because somebody is managing the affairs of Company, per se he would not become in charge of the conduct of business of company or the person responsible to company for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Averments in complaint are insufficient to attract mandatory provisions u/s 141(1) of the Act to create vicarious liability upon appellant - Complaint qua appellant quashed...........
Will -- Executed in favour of stranger to the exclusion of son and his wife - Testator was not ordinarily residing with his son and wife and relations between them were not absolutely normal - Will was a registered document - Testator was in best of his health and also was in sound disposing mind at the time of its execution - He remained alive for about eight years after..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Two senses of burden of proof are (i) Arising as a matter of pleading; (ii) who has first to prove a particular fact - First is called the `legal burden' and it never shifts and the second one shifts from one side to the other...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
