Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Accused has no criminal history - No credible evidence against accused - Accused undertakes to co-operate during proceedings before Court below - Considering nature of accusations and antecedents of accused, anticipatory bail granted...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Land demarcated by Revenue Authorities before filing suit - However, Tehsildar, who conducted demarcation died before plaintiff could conclude his evidence - Fresh demarcation by Revenue Authorities will take indeterminate period for adjudication - Trial Court to appoint Revenue Officer as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
