Civil Procedure Code, 1908, Order 26, Rule 9, 10, 14 -- Local Commissioners Report - Law as to : (i) Court can set aside Commissioners Report if it is totally dissatisfied with the Commission report; (ii) Court can also remit commission report for further inquiry; (iii) Court can also appoint a fresh commission without setting aside the earlier commission report; (iv)..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix/informant is not suggestive of fact that she was subjected to rape - After the murder of mother-in-law of prosecutrix, she sat on cot for two hours while accused sat on the ground - Prosecutrix did not suffer any injuries and her bangles were also not broken - Evidence of prosecutrix reflects that she..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident is not pre-mediated - Pre-mediation was the meeting between prosecutrix/informant and accused which was marred by awakening of deceased/mother-in-law of informant which led to subsequent incident - Lust and passion of accused got better of him leading assault committed upon deceased - Act of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Merely because accused cannot be served either through ordinary summons or through bailable or non bailable warrants cannot be the basis for issuance of proclamation u/s 82 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Accused can be declared proclaimed offender when Court had reason to believe that accused against whom warrants were issued was absconding or concealing himself so that warrants could not be executed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
Indian Penal Code, 1860, Section 498A -- Marriage between parties held null and void by High Court - Conviction u/s 498-A IPC not sustainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Financial Capacity - Once accused admits of receiving loan from complainant, such admission clearly goes to show that complainant was having capacity to lend money to accused - Subsequently questioning capacity of complainant to pay such amount would never arise as a defence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque is admitted by accused, Magistrate is bound to raise presumption u/s 139 of the Act by presuming that such cheque was issued towards legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Only creation of doubt would not be sufficient enough to rebut the presumption...........
