Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Non explanation of injuries sustained by accused person by prosecution - Informant as well as appellant No.1 sustained injuries on their body - Prosecution has completely failed to explain injury sustained by appellant No.1 and non-explanation of injuries sustained by accused persons by prosecution creates a..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in the evidence of PW1 and PW2 - Complainant is also a witness to recovery of pillow whereas neither FIR nor evidence of PW1 and PW2 discloses about use of pillow for pressing mouth of deceased and no evidence of use of the same have been found - Though complainant was not present at the time of..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - No specific allegations of sexual or abuse made against petitioners 2 to 4 apart from threats to implicate..........
Civil Procedure Code, 1908, Section 25 -- Transfer of maintenance case - Allegations of husband is that his wife abandoned two sons of parties when they were minor and he has been taking care of both the sons since 2021 - Since then husband being a single father, it is difficult for husband to travel to Rajpura Punjab for contesting proceedings of maintenance application -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately at her parents house place at `S' due to matrimonial dispute - Maintenance case u/s 125 Cr.P.C is filed at the place `S' - Husband also attending the Courts proceedings before Court at `S' - Convenience of wife has to be taken into consideration than that of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
