Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act already stands withdrawn by complainant on having received the entire cheque amount - No useful purpose is going to be served by carrying on with the proceedings arising out of FIR - FIR u/s 174-A..........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Mental cruelty - Compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry would amount to mental cruelty...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Non-deposit of deficit amount - Balance amount to be deposited by appellant was not specified in the decree - Deficiency was only Rs.14 - Appellants had already deposited Rs.9200 including pre-emption amount - Predecessor-in-interest of appellants is in possession of property and mutation has..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
