Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Evidence Act, 1872, Section 81 -- Newspaper report - Presumption of genuineness attached to a newspaper report - Cannot be treated as proof of facts reported therein...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement `Exceeds arrangement' - Payment demanded of outstanding liability - defence of accused not succeeded in rebutting presumption formed in favour of complainant - Conviction upheld...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death by burning - 85% burn injuries - Deceased died due to burning within 1 year of her marriage - Soon before death of deceased she was subjected to harassment and cruelty pursuant to demands of dowry - There existed a live and proximate link between instances of demand of dowry and..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Deceased died within 4 years of her marriage by consuming poison - Consistent and reliable evidence of father of deceased is on record regarding demands made by accused - Necessary ingredients of S.304-B IPC stands satisfied - Presumption arises against accused u/s 113-B Evidence Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
