Civil Procedure Code, 1908, Order 19 -- Affidavit in support of an application Not evidence by itself unless it is supported by evidence under the Evidence Act, 1872..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326 -- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition filed by husband - Applicant not appearing before trial Court - Evidence of husband stands recorded and only the evidence of wife is to be recorded - Averment regarding paucity of funds also not made out - No case made out for transfer of case at the..........
Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade - Accused was neighbour of witness and known to her - Test Identification Parade is necessary if accused was unknown to witness - Held, Test Identification Parade was not necessary...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If objection as to territorial jurisdiction is raised before trial commences, then Court should first decide the same if it can be decided on the basis of facts before it and on a finding of lack of jurisdiction to return the complaint for presentation before competent Court - In case..........
Prevention of Food Adulteration Act, 1954, Section 13(2),(3),(5), Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 482 -- Adulteration of food article - Petitioner deprived of his right u/s 13(3) of the Act - Held, denial or deprivation of right to exercise all possible defences and opportunities to disprove prosecution evidence amount to..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Indian Penal Code, 1860, Section 109 -- Abetment - A person can only be held liable for the commission of offence for abetment, if there is cogent evidence that he actually abetted the commission of the offence and his act was having direct connection and relatable to the main offence and not otherwise...........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Alternation in date - It is material alteration - Material alteration renders the instrument void if it is not with consent of both the parties or was made by drawer - No such evidence - Accused acquitted...........
