Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........
Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Mere impersonation is not an offence - Offence is attracted only when along with impersonation, accused indulges in cheating...........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Offence of cheating by impersonation occurs only when due to impersonation, some damage or harm to body, mind, reputation or property takes place or is likely to take place...........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation Security guard was induced to permit accused to enter the villa complex due to impersonation - However, there is no allegation that any damage or harm was caused to security guard - Accused cannot be said to have committed cheating - If a person is not cheated, then offence u/s 419 IPC cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67 -- Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
