Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 411 -- Benefit of probation - Offence u/s 411 IPC - Stolen motorcycle was recovered from appellant - It is first offence of appellant - Conviction of appellant upheld - However, appellant released on probation of good conduct...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by implying the presumption u/s 113-A of Evidence Act - There requires to be cogent evidence..........
Indian Penal Code, 1860, Section 306, 498A, 114, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Delay in lodging FIR itself creates a doubt though, at the time of noting accidental death parents were present before police - No such complaint of cruelty or dowry or harassment has been made - Parents had undefined occasion to give complaint..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
