Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Sentence of imprisonment and sentence of compensation - On death of accused appeal abates - However, liberty lies with the L.R's of deceased accused to contest the appeal or not and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Settlement arrived at between parties post conviction of accused - Offence alleged and brought out will not constitute any heinous crime or a menace to society - It is permissible to nullify the conviction even at the post conviction stage after exhausting the appellate remedy - Conviction and..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Last seen theory - PW2/wife of deceased stated that deceased and accused went together for consuming liquor but deceased did not return - She stated that she also went in search of her husband along with one accused who came sometime thereafter - However, version of PW2 is not..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Recovery of tangia/axe - Recovery effected at the instance of accused is per se not admissible, as same was made in police station - PW8 not supported the recovery of weapon of offence at the instance of accused - Evidence of I.O. and PW5 regarding recovery is inconsistent - Recovery..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected at the threshold on the ground that plaintiff is not entitled to any relief...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be ground to reject plaint U.O.7.R.11 CPC - Merits of such pleas are to be adjudicated by trial Court after conducting a trial...........
