Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Case of disproportionate assets - Petitioner prayed for summoning documents in regard to pay, loan etc. - Matter is fixed for recording of statement of I.O - As many as 55 witnesses have been examined - CBI has produced the details of amount received by petitioner including his salary and income, PF..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In the instant case, accused issued two cheques on failure to execute sale deed - However, accused denying transaction of agreement of sale and stating that cheques issued as security for loan transaction - Material on record shows that amount of Rs.1,50,000/- paid by complainant to accused person, but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant misused cheque which he gave..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased at the age of 20 years left behind his father, mother and younger sister - Taking into account the multiplier of 18 with 50% loss of dependency, compensation enhanced from Rs.4,55,000 to Rs. 5,36,000 - Enhanced amount of Rs.81,000 would carry interest @ Rs.6% p.a...........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 357A -- Sexual assault - Compensation - Power of Special Court to award interim/final compensation is not restricted to terms of Victim Compensation Fund promulgated by State but empowers Court..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 33, 36, Criminal Procedure Code, 1973, Section 327(2), 327(3), Indian Penal Code, 1860, Section 228A -- Investigating agency, prosecutors and Court must take appropriate measures to ensure that identity of child is not disclosed to his/her prejudice in course of investigation and trial - Trial of case..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - In the instant case, complainant secured loan amount of Rs.2 lakhs from one person and handed over to accused - However, there is no evidence that said person had capacity to advance Rs.2 lakhs or that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit amount of fine - Condition to deposit amount of fine cannot be imposed while suspending sentence during pendency of appeal - Condition set aside being contrary to law...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........