Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant filed an affidavit admitting that accused has paid the amount to his satisfaction and that he has no objection if conviction is set aside - When accused and complainant have reached a settlement permissible by law and Court is also satisfied itself regarding..........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs stated that accused used to harass the deceased demanding an amount of Rs.1,50,000 for purchasing a house - Accused was present in the house along with deceased at the relevant point of time - No explanation given by accused as to how deceased met with homicidal death, as he was present along with..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fight was amongst family members of A-2 - Deceased had come to the spot only to resolve the fight among family members of accused - There was no sudden and grave provocation due to any act on the part of deceased - Intention on the part of accused is proved, as he had gone back to the house to bring..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused has not played any active role or any positive or direct act to instigate or aid the deceased/husband in committing suicide - No proximate link between marital dispute in marriage with deceased and commission of suicide - Prosecution has failed to collect any evidence to substantiate allegations against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
