Criminal Procedure Code, 1973, Section 154 -- FIR - Information to police - Dispute of civil nature - Inspite of receipt of complaint no action was taken by respondent - Police submitted that pursuant to directions given by Police Complaints Authority enquiry was conducted and the dispute was found to be civil in nature and therefore the complaint has been closed - Since,..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and no criminal action lie..........
Indian Contract Act, 1872, Section 28 -- Jurisdiction - Parties cannot by contract exclude jurisdiction of all Courts - Such a contract would constitute an agreement in restraint of legal proceedings and contravene S.28 of Contract Act - However, where parties to a contract confer jurisdiction on one amongst multiple Courts having proper jurisdiction to exclusion of all..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action accrued to plaintiff though not disclosed meticulously in plaint, but upon meaningful construction of averments, plaintiffs have made endeavor to plead in plaint that cause of action has accrued to them on various dates in terms of averments made in plaint - Plaint discloses cause of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In case of suicide mere allegation of harassment of deceased by another person would not suffice unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Calling adversary as a witness - Only as an exception - Trial Court not to exercise discretion in this regard when facts and circumstances of case do not warrant such action...........
Income Tax Act, 1961, Section 35AC(7) -- Deduction - Amount of donation - S.35-AC(7) of the Act is prospective in its operation which disallow deductions on and after 1-4-2018 - All assesses were rightly allowed to claim deduction of amount paid by them to eligible projects from their total income during two financial years i.e 2015-2016 and 2016-2017 - No deduction could..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission of Court - Plaintiff is precluded from filing a fresh suit on the same subject matter as the legislature has used the words `same subject matter' and not `same cause of action'...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Occurrence took place in the spur of moment, while both accused and deceased were under influence of liquor - There was quarrel between them and it was deceased who gave two slap blows to accused - Accused pushed deceased on the ground and dashed a stone on his head, which led to death of deceased -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by u, registered Partnership Firm - Applicability of bar u/s 69(2) of Partnership Act - Action u/s 138 of the Act is not a suit to enforce a right arising out of a contract - S.138 of the Act is a penal provision - Bar u/s 69(2) of Partnership Act does not operate in such criminal prosecutions...........
