Indian Penal Code, 1860, Section 180 -- Offence u/s 180 IPC - S.180 IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making statement to sign...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - As per S.87 of the Act, any material alteration of a negotiable instrument renders the same void as against anyone who is party thereto at the time of making such alteration and does not consent thereto...........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
