Indian Penal Code, 1860, Section 392, 34 -- Offence u/ss 392, 34 IPC - PW1 and PW2 stated that accused along with one another looted two mobiles and Rs.500 cash from them - They have duly identified the accused in TIP and before trial Court as author of crime - Looted mobiles were seized from his possession - Accused had no enmity or prior acquaintance with PW1 and PW2 -..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Deceased was in possession of a mobile phone and cash of Rs.2000 when he left home - However, he did not return on the same day - Recovery of Rs.300 from the possession of accused from his house is inconsequential, as that much amount would be available in every household if not more - Moreover, there is..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to prove readiness and willingness on the part of plaintiff he was not required to prove flash cash or deposit the amount in Court or to tender to defendant...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Neither any representation U.O.15.R.5(2) CPC was filed within stipulated time nor any material placed on record by defendants to make out a case for not striking off defence - No material on record that rent amount was paid to plaintiffs by defendants - There is only oral averment..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity of complainant - Complainant admitted that he did not have financial capacity to pay Rs.3,10,000 - He claimed that he had Rs.1 lakh in cash with him and he borrowed rest of amount from his two friends and his father - Complainant also admitted that he had known the accused for 8-9..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity of complainant - Complainant admitted that he did not have financial capacity to pay Rs.3,10,000 - He claimed that he had Rs.1 lakh in cash with him and he borrowed rest of amount from his two friends and his father - Complainant also admitted that he had known the accused for 8-9..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - PW6 has not proved recovery of amount from any of three accused - PW7 declared hostile and he has not deposed that amounts were recovered from accused - Prosecution failed to prove stolen cash from A-5 & A-7 - A-5 and A-7 acquitted...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
