Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Power of appellate Court - Held, it is open for appellate Court to re-appreciate the findings on the basis of evidence and to correct the finding of Court below while exercising appellate jurisdiction in terms of S.386 of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Murder committed by inflicting knife blows on account of previous enmity - Presence of eye-witnesses at place of occurrence proved on record - Accused arrested from place of occurrence - Knife recovered from accused stained with human blood - Occurrence took during day time - No question of mistaken identity - Proof..........
Electricity Act, 2003, Section 135(1)(b), 151, Criminal Procedure Code, 1973, Section 460 -- Theft of electricity - Cognizance of offence by Magistrate on police report is only violation of procedure - Effect on entire proceedings - Held, mere violation of procedure in absence of any prejudice to accused resulting in failure of justice would not vitiate entire proceeding -..........
Electricity Act, 2003, Section 135(1)(b) -- Theft of electricity - Conviction - Propriety - 1st appellant is consumer and 2nd appellant is in no way connected with electricity service connection - Conviction on the ground that he happens to be son of 1st appellant - Held, he cannot be held responsible for alleged tampering of the meter only on the ground that he is son of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/s 454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It is..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/s 454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It is..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/S.454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused absconding - Held, this fact itself cannot be a ground for conviction - Circumstances are incriminating, however, the incriminating circumstances should be sufficient to establish complete chain to hold accused guilty - It should not leave any room for any..........
