Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
Constitution of India, 1950, Article 227 -- Scope - Three situations when a finding on facts and questions of law can be termed as perverse, i.e. (i) if it is erroneous on account of non-consideration of material evidence; (ii) if conclusions are contrary to evidence or; (iii) if conclusions are based on inferences that are impermissible in law...........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Trial Court i.e., being a Court of Sessions was entitled to entertain an application u/s 439(2) CrPC (now S.483(3) BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it, notwithstanding the fact that..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued cheque to complainant in discharge of a legally enforceable debt - Cheque issued by accused was dishonoured due to insufficient funds in the account of accused - In spite of service of notice, accused failed to pay the amount covered by cheque - Conviction upheld...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Offence u/s 498-A IPC is a continuing offence and if act of cruelty continues even while woman is living at her parents house, offence is triable by both Courts in whose territorial jurisdiction act of continuing offence of cruelty has been committed i.e. at matrimonial home or parents house...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
