Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Offences of theft, criminal intimidation etc. by a police officer in course of investigation of a crime cannot be said to have any relation to discharge of his official duty of conducting investigation...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C is available only where the alleged act done by public servant is reasonably connected with discharge of his official duty and not merely a cloak for doing the objectionable act...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim above 16 years at the time of incident - Prosecutrix stated that she was raped many times by accused and when she tried to raise alarm, accused threatened to kill her - Medical evidence supported case of prosecution as hymen of prosecutrix was torn recently - Prosecution discharge its initial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Conspiracy conferring undue advantage upon owners of land - Four agreements to sell - Agreement unilateral as they did not bear the signature of appellants and such agreements recovered from the vendors themselves - Mere execution of such agreements cannot be..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Constitution of India, 1950, Article 226, Power of Attorney Act, 1882, Section 1A, 2 -- Writ petition - Competency of attorney to file - Writ petition can be filed through power of attorney holder, provided following safeguards are followed: (i) power of attorney by which donor authorizes the donee, must be brought on record and must be filed together with petition; (ii)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........
Evidence Act, 1872, Section 102, 103 -- Burden of proof - Agreement to sell - Mere admission of signatures of executants would not relieve the burden of other party to establish the contents of document and consent of executants for such contents - Evidence placed by plaintiff has to be scrutinized to know how far the plaintiff could discharge her burden...........
