Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........
Consumer Protection Act, 1986, Section 23 -- Holiday voucher scheme - Claim of free gifts - Free gifts were contingent on number of referrals made by subscriber, which admittedly were not made by respondent - Subscriber was not entitled as a matter of right to free gifts merely on purchase of holiday vouchers - Order of District Forum allowing claim of respondent was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - A demand for payment of amount of cheque by giving a notice in writing is sine qua non for filing a complaint for offence u/s 138 of the Act...........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Absence of complainant on one occasion - Not justified - It is always desirable that lis should be decided on merits - Complaint restored...........
Indian Penal Code, 1860, Section 407, 504, 506 -- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even statement of complainant was..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Criminal complaint dismissed by holding it not fit even for summoning - Order upheld by Revisional Court - FIR on same subject matter amounts to double jeopardy - FIR quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Complaint u/ss 498-A, 406, 34 IPC and S.4 of 1961 Act - Jurisdiction of Court - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain a complaint u/s 498-A IPC - Case..........
Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
