Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post & UPC - Both not returned - No dispute as to correct address - There is presumption of delivery of notice within reasonable time after posting on correct address...........
Transfer of Property Act, 1882, Section 54 -- Transfer deed - Plea of fraud or forgery - Plaintiff proved by examining himself as a witness and examined one of the attesting witnesses - Except bald and self serving oral statement of defendant No.2 himself, there is no other evidence led by him to substantiate his plea of fraud or forgery - Defendant No.2 himself was not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Respondent who was alive to the fact that notice would take some time to reach petitioner did not file complaint immediately after notice was posted - Respondent instead waited for four more days and filed complaint on 19th day after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by mis-leading Court below and making..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for..........
Indian Penal Code, 1860, Section 302, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 14, 16, 17, 20 -- Murder - Conviction u/s.302 IPC - Appellant/accused challenging conviction on ground that he was juvenile at time of incident and must be given benefit of provisions of Act of 2000 - Appellant was convicted by Trial Court on 07.09.2000 whereas..........
Indian Penal Code, 1860, Section 304-B -- Dowry death - `Soon before death' - Amongst others, lapse of time between the date of marriage and the date of death is also a relevant consideration for the Court while examining whether the essential ingredients of the provision are satisfied or not in a given case...........
Indian Penal Code, 1860, Section 304-B -- Dowry death - `Soon before death' - Reasonable time is the best criteria to be applied for appreciation and examination of such cases - In other words, there should be a reasonable, if not direct, nexus between her death and dowry related cruelty or harassment inflicted on her...........
Civil Procedure Code, 1908, Section 148, Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4) -- Allotment of commercial site - Extension of time to deposit amount - Power of statutory authority under 1952 Act - Held, civil Court has power to extend or enlarge time in terms of S.148 CPC - But in absence of such analogous power on statutory authority..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Bail - Complainant had taken his injured brother to hospital and after ensuring his treatment he lodged FIR - No existing enmity between parties which may appear plausible - Plea of juvenility on behalf of applicant "B" is taken for first time before High Court and this fact may only be disposed of..........
