Agreement to sell -- Specific performance - Person having an agreement to sell in his favour though does not get any right to property but has a right of litigation for title to property on that basis...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Indian Penal Code, 1860, Section 342 -- Illegal confinement of unsound mind lady by her own brother - Statement of victim was not recorded u/s 161 Cr.P.C, as she was a mentally unsound person - Even victim was not examined, as she expired during trial of case - It could not be established by prosecution as to whether victim was competent to testify or not and mandate of..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Filing a complaint to statutory authority to cancel an arms license issued to a person for certain specific reasons, same does not amount to defamation as contained in S.499 IPC...........
Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape - Prosecutrix was a severe mentally challenged person - Eye witness PW2/sister of prosecutrix stated that she had seen accused lying on prosecutrix and at that time, accused was not wearing his trousers and prosecutrix was also not wearing her salwar and when PW2 asked accused as that he was doing he ran..........
Evidence Act, 1872, Section 115 -- Estoppel - No cause of action arise from estoppel itself - It only precludes a person from denying truth from some statement previously made by him...........
Consumer Protection Act, 1986, Section 2(d) - - Consumer - Commercial purpose - A person buying goods and using them himself exclusively for the purpose of earning a livelihood by means of self-employment would be covered by the definition of "consumer" within the 1986 Act, even if such use is commercial use...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
