Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Petitioner has arrived at a compromise and out of Court settlement, after which complainant does not wish to prosecute application further - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint is maintainable after issuing notices even after presentation of cheque second time and its dishonoring - Same process will start after dishonour of cheque for second time as if it is dishonoured for first time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by company - Plea of security cheque - Witnesses of complainant nowhere able to prove that cheque was for supplies made and it was for consideration - Onus which shifted on complainant not discharged, as Company which is supposed to maintain accounts in regular course of business for all..........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Protection to life and liberty -- Live-in-relationship - Petitioners are already married and without seeking divorce from their respective spouses are living a lustful and adulterous life with each other - They have relied upon a totally vague document i.e representation where in nothing is stated as to from whom petitioners are apprehending threat - Representation..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused indulged in pick pocketing and some dispute arose between parties on account of share of money so obtained by pick pocketing - Six ante mortem injuries have been caused on body of deceased by axe - Use of axe in commission of offence also stood proved - Doctor stated that three injuries caused by separate blows and..........
Negotiable Instruments Act, 1881, Section 138, 148 -- (as amended) - Dishonour of cheque - Application for interim compensation - After suspension of sentence - Maintainability of application - Amended S.148 of the Act confers power upon the appellate Court to direct deposit the sum which shall not be less than 20% of the fine or compensation either on application filed by..........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 6 months and 6 days including remission - FIR was registered in 2015 and accused has faced agony of trial for more than 6 years - Accused is a first offender and only bread earner of family - Sentence of accused reduced to..........
