Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of complaint - Cheating - For conviction u/s 420 IPC, prosecution was required to prove the offence of alleged cheating and forgery i.e., the element of deception and misrepresentation as enumerated..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Chartered Accounts Act, 1949, Section 21(3) - - Schedule-I of Part-IV - Misconduct by Chartered Accountant - Sale of 100 shares by respondent in his own name - Disciplinary Committee found Chartered Accountant guilty of practice, which is not in his professional capacity as per Schedule-I of Part-IV - High Court failed to consider said fact - Impugned order of removal of..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer must exist to pay balance sale consideration right from time of entering into agreement to sell till disposal of suit...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to prove financial capacity, as immovable property is not..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child is a necessary party and has right to be heard through guardian to decide an application for DNA test - Fact that mother was heard while deciding application is not sufficient - Mother was heard in the matter not in the capacity of guardian of minor but in her individual capacity only...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5 -- Allotment of flats to in service employees - Merely because respondents deposited some money with Board for allotment of flats in their personal capacity, no right accrued in their favour to remain in occupation of flats, after they ceased to be in employment of University, particularly when..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Testimony of sole eye witness - PW7, injured witness is not reliable as there is no corroboration to the statement of PW7 - He being in such a highly toxic condition at the time of incident, his being asleep and suddenly woken up on account of deceased being attacked, raises doubt about capacity of PW7 to clearly..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW1 - PW1 was 10 years old when she was examined - Before examination of PW1, certain questions were put to her and after assessing answers, Court observed that witness was..........
Agreement to sell -- Specific Performance - Readiness and willingness - Capacity to pay - Plaintiff failed to show his capacity to pay balance sale consideration of Rs.22 lakhs - He stated that he borrowed money from his friends and kept the same to pay balance sale consideration - However, no document on record to show that plaintiff had amount of Rs.22 lakhs with him nor..........
