Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Territorial jurisdiction - Complaint u/s 12 of the Act - Wife is residing at Kannur, at the residence of her sister - Such fact is not disputed by husband - Wife though temporarily residing at Kannur, Court at Kannur thus, has got jurisdiction to entertain and try the petition...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Succession Act, 1925, Section 372 -- Legal heir certificate - When a brother and sister apply for legal heirship certificate of their deceased brother or sister who died without leaving any Class-I heir, then same can be examined by Tahsildar and Legal heirship certificate can be issued if there were no rival claimants - However, if there are rival claimants even among..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(c) -- Eviction order - Plaintiff is the owner and landlord of suit premises and defendant without any foundation and bona fide reason disputed his landlordship and ownership - Therefore, decree u/s 12(1)(c) of the Act has been rightly passed by Courts below - Eviction order upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Unbridgeable matrimonial difference between parties not disputed - Husband withdrawn himself from company of wife because wife filed cases against husband and his parents - Now, it is very difficult for husband to rejoin company of wife - Trustfulness of statement of wife is not..........
Will -- Proof - Admitted Will and disputed Will - S.68 of Evidence Act does not contain any distinction between an admitted Will and disputed Will as regards the mode of proof...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non payment of misappropriated money - Report of ADG CID - Same not disputed - Opportunity to file objections to the report not granted - Non objection to the report does not mean that liability to pay the amount is admitted - Moreover, even assuming that in the judgment there is a direction to pay money but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
