Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405, 420, 120B -- Quashing of FIR - Offence u/ss 405, 420, 120-B IPC - Nothing attributed against petitioner in FIR by complainant - FSL report shows that standard signatures of petitioner does not tally with signatures on LSR - Even, nothing on record to show that Bank had paid any legal..........
Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles relating to recording of dying declaration and its admissibility and reliability, summed up : (i) A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of Court; (ii) Court should be satisfied that declarant was in a fit state of mind at the time of..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - As per the report of SP, land owners were exonerated by making observation that they had no knowledge about intention of purchaser party to construct temporary roads without seeking permission from PUDA..........
Indian Penal Code, 1860, Section 324, 326, 100 -- Nature of offence - Right to private defence - Injury caused to injured on his leg caused by sharp weapon - However, prosecution did not make any effort to prove X-ray reports of injured by examining Radiologist - Grievous injury on leg of injured not based on any legal evidence - Accused also suffered a grievous injury on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Criminal Procedure Code, 1973, Section 357A, 357 -- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in accordance with relevant rules..........
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A -- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding..........
Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To do an illegal act or legal act by illegal means is the heart and soul of the offence...........
