Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused allowed to exhibit his statement in evidence in the form of an affidavit - However, cross examination may be accordingly permitted...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Indian Penal Code, 1860, Section 80 -- Benefit of presumption u/s 80 IPC - Burden of proof - Degree and character of burden of proof which casts on an accused when he pleads the benefit of presumption u/s 80 IPC, cannot be equated with degree and character of proof which u/s 101 of Evidence Act rests on prosecution - Such proof may consist of circumstances appearing in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan transaction - Complainant established the fact that cheque was issued by accused and cheque was dishonoured for reason "Funds insufficient" and statutory notice was sent to accused - Accused failed to rebut statutory presumption either by cross-examination of complainant's..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Failure to deposit interim compensation - Right to cross examine witnesses examined on behalf of complainant cannot be denied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No classification of cheque, as bearer or cross cheque/account payee cheque is made in the Act, for the purpose of jurisdiction - From use of the word `any cheque' in S.138 of the Act it can be well inferred that it may be an account payee cheque or a bearer cheque, dishonour of which on account of..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
