Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Indian Penal Code, 1860, Section 323, 384, 506 -- Offence u/ss 323, 384, 506 IPC - Time, place and manner of incident forthcoming from witnesses are not only consistent but also in tune with their respective statements recorded u/s 161 Cr.P.C - Nothing could be elicited by defence to shake the credibility of PWs - Version of informant is akin to FIR story as well as..........
