Transfer of Property Act, 1882, Section 54, 8 -- Transfer of ownership - Registered sale deed - Incorrect description of structure standing on land - Does not vitiate sale, if boundaries are given and they are definite, land that is conveyed is the land situated within those specific boundaries along with structure standing on it - If vendor had no intention to sell some..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Three FIR's against petitioners/protesters were registered by police under IPC - However, there was hardly any cogent and reliable evidence against petitioners - Investigating agency submitted charge sheet in the absence of cogent and reliable evidence - Withdrawal of case is in the public..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his..........
Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Prosecution has to specifically allege and prove the dishonest and fraudulent intention of accused in order to attract all the alleged offences as in the..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Available only when (1) offender had the right of private defence of person or property but he had exceeded such right by causing death; (2) that such right was exercised in good faith and without premeditation and without any..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Every breach of contract does not give rise to an offence of cheating - Only in those cases breach of contract would amount to cheating where there was any deception played at the very inception - If intention to cheat has developed later on, same cannot amount to cheating - Even in a case where..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - (1) Fight on spur of moment; (2) Neither there was any motive nor any intention to eliminate deceased; (3) No enmity of any kind with deceased; (4) Accused had gone to take possession of cattle shed and not with an intention to kill any one; (5) inspite of accused armed with weapons, none of them..........
Indian Penal Code, 1860, Section 307, 34, 323, 506 -- Attempt to Murder - Circumstantial evidence - Dispute between real brothers on possession of one room which was occupied by their father - Accused party forcibly taken out the household articles of injured from room in his absence and put their own articles - Civil litigation pending between the parties - Nature of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
