Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Rent and eviction -- Vacating of stay - Tenant is in possession of residential premises - Tenant deposited amount of Rs.1080000/- and also deposited Rs.15000/- p.m - Order of High Court is set aside and stay granted in favour of tenant qua second floor shall stand restored - However, landlord is permitted to withdraw Rs.1080000/- and also subsequent deposit of amount at..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Case to be restored to its number as if order quashing FIR had not been passed - High Court on one hand restored the case and on the other hand, dismissed the case - This approach of High Court thus, not legal and to that extent order of High Court set aside...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Having regard to facts alleged and grounds taken therein, recall orders cannot be faulted with - No good ground to interfere in order recalling of petitions - Criminal Petitions thus, restored - High Court to decide these three cases on merits in accordance with law...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done only in trial while deciding..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit by next friend/guardian - O.32.R.15 CPC prescribes that application can be filed for a person who is adjudged in an enquiry to be of unsound mind and shall also apply to a person who, though not so adjudged was found by the Court on enquiry to be incapable of any mental infirmity, of protecting his interest when suing..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Court takes cognizance of an offence and not an offender - Cognizance can be taken only once and Court is not required to take cognizance against each and every offender...........
Criminal Procedure Code, 1973, Section 155, 156, 157 -- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
