Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Question of title and consequent entitlement is not required to be adjudicated upon in proceedings u/s 145 Cr.P.C...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Question of existence of way (Gali) between house of defendant and plot of plaintiff is a pure question of fact...........
Co-owner -- Suit filed by one of the co-owners - Plea of non joining of other co-sharers - One of the co-owners can file a suit in his own right and while doing so the consent of other co-owners is assumed as taken - This is purely an arrangement inter se the co-owners of which no third party can take advantage and it is no defence to a stranger to question the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sale transaction regarding sale of three machines - Only two machines delivered - Nothing on record to prove as to against which liability cheque in question was issued - As per documents on record payment of Rs.5 lakhs stood proved - Accused rightly acquitted...........
Rent and Eviction -- Landlord and tenant relationship - Family settlement - Owner of property made a settlement in favour of his son - Title thus acquired, in any event, cannot be called in question by the person who is in occupation of the premises as a tenant when owner who admitted was his landlord did not continue to claim to be the landlord - In view of provision of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of defendant No.2 - Question of abatement of suit as against defendant No.2 does not arise, as defendant No.1 being mother of defendant No.2 is already there on record...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Expln. - Consumer - Commercial purpose - There can be no straight jacket formula to summarize commercial purpose - However, broad principles culled out to determine `commercial purpose' - (i) The question of whether a transaction is for a commercial purpose would depend upon the facts and circumstances of each case -..........
Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques in question was signed by accused - Though complainant alleged that co-accused had visited their premises and had promised for encashment of cheques, yet no evidence was led in support of same, which could pave the way for incurring vicarious liability - Complainant failed to prove its case..........
