Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Quarrels arising out of matrimonial life are domestic quarrels - It cannot be said to be of such a high degree so as to compel deceased to commit suicide - So, an offence u/s 498-A IPC is not made out - Accused acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide itself is not an offence, if someone abets it, then only it becomes a punishable offence - So, abetment and suicide both need to be proved...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Every dispute, quarrel or altercation arising from matrimonial life are not criminal offence - It will take colour of Criminal law only when there are no alternatives for wife but to put an end to her life because of harassment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of fine - Act do not prescribe criteria for determination of quantum of fine to be imposed, but discretion is given to Courts to impose suitable fine taking note of several circumstances including amount of cheque and also time consumed for trial of case and other attending circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Where amount is deposited pursuant to orders passed u/s 143-A of the Act, Court can consider for exclusion of interest on amount deposited by accused...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
Indian Penal Code, 1860, Section 450 -- Offence u/s 450 IPC - Accused had trespassed into the house of PW1 on the date of occurrence with intent to commit sexual assault on victim child - Conviction u/s 450 IPC upheld...........
