Criminal Procedure Code, 1973, Section 256, 302 -- Death of complainant - Substitution of legal heirs - Legal heirs of complainant proceed with the case through their power of attorney - However, one legal heir died during pendency of application filed by power of attorney and without taking any proper steps, petitioners wanted to continue the said proceeding on the basis..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Death of complainant - Petitioner wanted to come into picture on the basis of a Will executed by complainant - Unless and until, petitioner succeeded in establishing the said Will, he has no locus standi to come on record and prosecute the complaint - Complainant filed the complaint through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused handed over cheque to PW1/brother of complainant, as complainant was working abroad - Being the brother of complainant, PW1 presented/deposited cheque before bank of complainant - Power of attorney executed later by complainant in favour of PW1, for filing complaint has nothing to do with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If Power of attorney holder, who is aware of facts of the case and has made such an averment in the affidavit, is certainly competent to lodge a private complaint, even if such an averment is absent in the complaint...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
