Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no embargo or restriction in summoning any person as a witness, even those witnesses whose statements have not been recorded earlier, or to accept any material - Only restriction is that material or evidence sought to be adduced must be essential for a just decision of the case...........
Dowry Prohibition Act, 1961, Section 2(i) -- Dowry - Essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as consideration of marriage...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 - Quashing of FIR - There is no allegation in the FIR that owing to the alleged offensive post attributable to appellant, complainant was provoked to such an extent that he could indulge in disturbing the public peace or commit any other offence - FIR thus, lacks the necessary ingredients of the offence u/s 504 IPC -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Nothing on record to show any prior animosity between accused and deceased, nor does the entire incident proves any kind of pre-planning on the part of accused - There was no motive/intention on the part of accused - Act of accused does not meet out essential ingredients of S.302 IPC - Conviction of..........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - Seized currency was recovered from possession of accused - However, prosecution has failed to bring on record any materials to show that accused knew or having reasons to believe the currency notes seized from him are forged or counterfeit - Even, accused entered into altercation with PW3 regarding question of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act by accused to instigate suicide is essential to abetment of suicide...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
