Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 228 -- Cheating - Framing of charge - Once accused is not told that he is facing charge of cheating the State, he cannot be held liable for cheating the State by holding that error was committed by Trial Court while framing charges...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Husband alleged that he had divorced his wife by pronouncing triple talaq in the presence of one witness in one sitting - However, neither triple talaq is valid form of divorce nor husband had paid single money to his wife during her iddat period - Further husband admitted that he has not..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Defendant when does not establish dispossession by lawful means, it has to be held that such dispossession is against due process of law...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons by affixation - Requirement of O.5.R.17 CPC stands satisfied - However, it was held that there is no proper service for non compliance of O.5.R.19 CPC - In case report of serving officer is verified then it is not mandatory for Court to examine serving officer to hold any other further enquiry - Absence..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Suit for damages -- Bank Negligence - Encashment of cheques containing forged signatures of plaintiffs - Auditor of plaintiff testified that the signatures on the cheques were forged and bank was negligent in encashing the same - Further, investigation report of vigilance officer of bank established that neither signatures on the disputed cheques was similar to the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
