Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of evidence of prosecutrix is, not in all cases, a negative to be accounted for in prosecution case...........
Indian Penal Code, 1860, Section 376 -- Rape - Finding of injury on the genital organ of the accused being possible only due to forceful intercourse with a minor female, leads to a circumstance pointing to the accused having committed the offense against `V' - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of dishonoured cheques simpliciter does not create an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of demand notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Moratorium imposed u/s 14 of IBC - When notice was issued to appellant, he was not in charge of corporate debtor as he was suspended from his position as the director of corporate debtor as soon as IRP was appointed - All the bank accounts of corporate debtor were..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased had a major role in businesses of agriculturist, hiring/driving and milk-vending which are of a physical and strenuous nature and same cannot be seriously undertaken ordinarily for long periods of time by elder persons - Fixation of monthly income ultimately as Rs.8,000 per..........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
