Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract by one of parties, would not attract prosecution for criminal offence in every case...........
Criminal Procedure Code, 1973, Section 173 -- Police report - Direction issued that report of police officer on the completion of investigation shall contain the following: (i) A report in the form prescribed by State Government stating : (a) names of the parties; (b) nature of the information; (c) names of the persons who appear to be acquainted with the circumstances of..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party at appellate stage - If applicant is able to show that he would be seriously prejudiced in case he is not impleaded as a party, even at the appellate stage, such impleadment should be allowed...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
