Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(VA) -- Quashing of FIR - Offence u/ss 323, 341, 427, 34 IPC, S.3(2)(VA) of SC/ST Act - Parties have already entered into compromise and resolved their dispute amicably - Complainant does not..........
Agreement to sell -- Specific performance - Once agreement in question was concluded as agreement to sell and after entering into agreement to sell defendant received full sale consideration and handed over possession to father of plaintiffs, question of exercising any discretionary favourable to defendant does not arise...........
Karnataka Land Reforms Act, 1962, Section 61 -- Restriction on transfer of land of which tenant has become occupant - Suit property granted in favour of defendant in 1983 - There is restriction on transfer of property for a period of 15 years from date of grant as per S.61 of the Act - Agreement to sell executed by defendant in favour of plaintiff thus, in question in the..........
Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
Indian Penal Code, 1860, Section 279, 337, 338, Criminal Procedure Code, 1973, Section 482 -- Accident - Rash and negligent driving - Compromise - Quashing of FIR - Offence in question is simple in nature - Complainant is no more interested in carrying on with criminal proceedings - No fruitful purpose would be served in continuing with criminal proceedings - FIR and..........
Limitation Act, 1963, Section 9, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Limitation - Complaint u/s 12 of the Act - Complaint filed after two years of judicial separation - Offence in question is continuing offence - Complaint is not barred by limitation...........
Indian Penal Code, 1860, Section 376D, 377, 394 -- Rape of married woman - Statement of prosecutrix is duly corroborated by medical evidence - Prosecutrix had suffered injuries on her cheeks, private part, thighs and back - There was swelling in vagina of prosecutrix - Offence was promptly reported to police - Prosecutrix was medically examined on next day, although no..........
Negotiable Instruments Act, 1881, Section 138, 118A, 139 -- Dishonour of cheque - Presumption - Accused admitted cheque in question as well as signatures on the same - He also admitted execution of `loan receipt' as well as his signatures and handwriting on the same - In view of admitted facts, petitioner had admitted existence of debt - More so, he failed to rebut..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Army personnel allegedly caused serious injuries to husband of petitioner and hatched conspiracy to protect Army personnel - Offence in question falls under category of offence, commission of which shall be deemed to be guilty of an offence against Army Act and shall be liable to be tried by Court Martial - No FIR can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Applicants being three directors of company contended that they already resigned from the post of director before issuance of cheque in question - However, as per averments in complaint, applicants are incharge and responsible for day to day trade, supervision, affairs and..........
