Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Apprehension of threat - Applicant was provided adequate security at the time of recording of evidence as PW1 - He has not brought on record nay real apprehension of threat from accused - Trial is at the stage of evidence - However, looking to convenience of parties and in the interest of justice, in case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount is borrowed giving a blank cheque as security for repayment, on default of repayment, holder of cheque gets authority to fill it up and to present it before bank...........
Indian Penal Code, 1860, Section 498A -- Cruelty - S.498-A IPC recognizes two distinct forms of cruelty: one involving physical or mental harm in S.498-A Explanation (a) IPC and the other involving harassment linked to unlawful demands for property or valuable security in S.498-A Explanation (b) IPC - These two provisions are to be read disjunctively - Absence of an..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on pronote - Recovery suit - Defendant in her written statement categorically admitted that her signature was obtained on a blank pronote as security for the amount borrowed by her husband - There is thus, no purpose for sending pronote to expert for comparison of signatures - Application rightly..........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Extension of time - Period to deposit the balance sale consideration, as provided under the Rules, is not sacrosanct and is extendable with the consent in writing of parties - R.9(4) of Rules will only come into play when there is default on..........
