Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is strong evidence than mere probability of revisionist accused in the form of testimony of injured witness - In comparison to it, evidence on the basis of which Investigating Officer has exonerated revisionist accused is of a very weak nature - There is sufficient and cogent evidence on..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant disputing his signatures in Hindi contending that he always signs in English - On summons he signed in Hindi - Whole basis of disputing signatures stands washed away - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of hearing on the charges entire evidence produced by prosecution is to be believed - In case no offence is made out then only an accused can be discharged - Truthfulness, sufficiency and acceptability of material produced can be done only at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Psychological Evaluation Test Report - May not be sufficient to convict an accused but it is certainly a material piece of evidence - Despite this material on record, High Court could not have opined that case was not made out even for framing of charge, for which only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
