Indian Penal Code, 1860, Section 420 -- Cheating - Sale deed - Furnishing of wrong address in sale deed would not constitute cheating as there is a distinction between false documents and documents whose recitals are false...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Bharatiya Nyaya Sanhita, 2023, Section 69 -- Sexual intercourse by employing deceitful means - False promise to marriage - If both the parties are aware of a subsisting marriage, it cannot be alleged that the sexual intercourse between them was with a promise to marry...........
Bharatiya Nyaya Sanhita, 2023, Section 69 -- Sexual intercourse by employing deceitful means - False promise to marriage - Once the admitted case of the prosecution itself is that the de facto complainant is a married woman, then there cannot be sexual intercourse with the promise of marriage...........
Agreement to sell -- Specific performance - Earlier suit for bare injunction filed in 2001 - Possession had been handed over to plaintiffs pursuant to agreement - However, in subsequent suit for specific performance, delivery of vacant possession is prayed stating that defendants failed to hand over possession within stipulated time - This inconsistency in plaintiffs own..........
Railways Act, 1989, Section 66(4) -- Carriage - Description of goods, if materially false - Railway authority is empowered to charge goods at the required rate which can be either before or after delivery of goods...........
Indian Penal Code, 1860, Section 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - False promise of marriage - Accused was absolutely justified in panicking and backing out from proposed marriage upon coming to know of aggressive sexual behaviour and obsessive nature of complainant - Even though accused..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
