Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused `M' is Class IV employee in Court of CJM - Amount was recovered underneath an almirah in the office of CJM - Not an iota of evidence has been brought on record to presume that accused `M' was knowing the fact of alleged demand of bribe even if it is..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Seizure of blood stained clothes of appellant which contained blood of same group as was found on clothes, sandal and watch of deceased would raise a grave suspicion against appellant - But said evidence by itself cannot establish that appellant is the person who committed murder of deceased - Credibility and..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - When State acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisition by entering into a private agreement shortly after acquisition so as to reverse the usage of power of eminent domain by State...........
