Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from the truck in question during transit - No material on record to satisfy that there exist any reasonable ground for believing that accused is not guilty of offence and that he is not likely..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere demand of money from the wife or her parents for running a business without anything more would not constitute cruelty or harassment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment is not sufficient to hold an accused guilty of abetting commission of suicide - It also requires an active act or direct act which led deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere fact that deceased committed suicide within a period of seven years of marriage, presumption u/s 113-A of Evidence Act would not automatically apply - Presumption u/s 113-A of Evidence Act may be raised having regard to all other..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide within 7 years of marriage - There was a demand of money by accused, as he wanted to start a ration shop - However, no evidence on record in the form of cruelty and harassment on the part of husband which would in ordinary circumstances drag wife to commit suicide as if she was left..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Provision of O.41.R.31 CPC is mandatory - If judgment of appellate Court does not follow the provision of O.41.R.31 CPC judgment is vitiated...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Tenants resisting the decree on the same ground which was rejected by High Court earlier - Executing Court rightly dismissed the application u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Power u/s 47 CPC is microscopic and lies within a very narrow inspection hole...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
