Co-sharers -- Plea of ouster - One of body of co-owners cannot oust another, whose title is not disputed by others, more so, their title is admitted by co-owner who sets up a plea of ouster...........
Indian Penal Code, 1860, Section 363, 143, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim categorically stated that she used to talk to accused on phone and both decided to marry each other of their own free will and volition - She left the house voluntary with accused and married each other voluntarily and started living together in..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - When in an application for judgment upon admission, admitted amount is under consideration by Court, if decree based on such admission includes interest component, interest part should also have been admitted - Otherwise, interest has to be awarded separately...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Principal sum admitted by defendant - However, interest part disputed by defendant - Interest has to be awarded separately - Plaintiff held, entitled to Rs.4 crores on admission together with 6% simple interest from date of decree...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Accused brutally assaulted victim with iron rods, fists and blows etc. - Victim was admitted to hospital for medical treatment - Evidence adduced by PW1/complainant remains unshaken during cross-examination - Medical evidence corroborates the evidence of PW1 - Prosecution proved its case - Accused rightly..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Service -- Banking service - Misconduct - Dismissal - Respondent being employed in a Bank as a clerk-cum-cashier, fraudulently and dishonestly opened savings account in joint names of himself and his sister-in-law by forging her signatures and encashed a demand draft issued in favour of his sister-in-law - Inquiry officer opined while observing admitted signatures in..........
Indian Penal Code, 1860, Section 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Circumstantial evidence - Medical evidence shows that prosecutrix was raped and killed - Accused and co-accused admitted their presence in the function where prosecutrix..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
