Indian Penal Code, 1860, Section 452, 308 -- Offence u/ss 452, 308 IPC - Serious contradictions in the evidence of alleged eye witnesses and injured witnesses - No plausible explanation given for delay of three days in lodging FIR - Injuries suffered by injured are simple in nature and were not of such a nature which could result in death - Accused rightly acquitted...........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - Termed as irrevocable power of attorney but it is not in its strict sense irrevocable power of attorney - Principal is not barred to file execution petition himself without relying on his agent i.e. power of attorney holder...........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 45 -- Promissory note - Signatures denied and a plea taken that it was forged - Expert who examined as DW3 stated that case is of imitation forgery or simulated forgery and in his opinion, one requires to go through a model signature in case of simulated forgery - Evidence of PWs 1 to 4 is reliable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Identification of accused - PW3 and PW4 identified the accused in the open Court and stated that he was the person who committed dacoity in their houses - There were sources of light to sufficiently see the faces of accused - Nothing to suggest that there was any cause for them to falsely implicate accused - Accused..........
