Court Fees Act, 1870, Section 7(i) -- Court fee - Claim of damages of 50 lakhs - There is determined amount of money by way of damages - It is no where in the plaint that it is tentative valuation for the purpose of this relief of damages - Ad valorem Court fee payable in terms of S.7(i) of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Indian Penal Code, 1860, Section 420 -- Cheating - No evidence to connect accused with the commission of offence - Accused acquitted...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420 -- Delay in lodging of FIR - Cheating - Complainant immediately after the occurrence had approached competent authority and furnished information about wrongful withdrawal of Rs.40,000 from his account through ATM - Therefore, there has been absolutely no delay in getting FIR registered...........
Limitation Act, 1963, Section 18, Insolvency and Bankruptcy Code, 2016, Section 7 -- Limitation - Application u/s 7 of Code - Provision of S.18 of Limitation Act is applicable to proceedings under I & B Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Quashing of FIR - Compromise - Partial quashing or part quashing of FIR only qua accused with whom complainant has compromised or settled the matter can be allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 8 years old girl - Victim categorically stated in her statement recorded u/s 164 that accused committed oral sex with her, which amounts to rape - At the stage of bail, it cannot be presumed that she has..........
