Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Burden of proof - Burden lies heavily on the person who alleges disobedience to prove offence beyond reasonable doubt...........
Medical Negligence - - Burden of proof - Burden is on the complainant to prove breach of duty, injury and causation - Injury must be sufficiently proximate to medical practitioner's breach of duty - In absence of evidence to contrary adduced by opposite party, an inference of causation may be drawn even though positive or scientific proof is lacking...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dispensing of cross-examination of complainant - Petitioner being accused of offence, for which she can suffer even imprisonment, therefore, lest the petitioner should have any impression, though totally misconceived that she has been denied due opportunity to defend herself, it would not be unjustified..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application rejected earlier - There is higher burden on appellate Court to furnish specific reasons as to why bail should be granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application rejected earlier - There is higher burden on appellate Court to furnish specific reasons as to why bail should be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - No material has been placed on record to discharge the burden that in spite of due diligence amendments which are being sought could not be sought during pendency of proceedings at the stage of trial - Application rightly rejected...........
