Indian Penal Code, 1860, Section 363, 366, 376, Evidence Act, 1872, Section 35 -- Age of prosecutrix - An entry relating to date of birth made in the school register is relevant and admissible under Section 35 of the Evidence Act but the entry regarding the age of a person in a school register is of not much evidentiary value to prove the age of the person in the absence..........
Indian Penal Code, 1860, Section 34 -- Vicarious liability - Applicability - Two factors must be established i.e. common intention and participation of accused in crime - If intention is proved but no overt act committed, section can still be invoked - Phrase `common intention' means pre-oriented plan and acting in pursuance to plan - However, common intention to give..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18 -- Suit by money lender - Not completely barred - S.18 provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of Section 15 shall be instituted by a money-lender, unless at the time of advancing such loan or making such agreement or taking such security (a) such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........
Negotiable Instruments Act, 1881, Section 138(b), 142(b) -- Dishonour of cheque - Oral information regarding - Whether constitute `cause of action' - Statement made in complaint petition only to effect that as soon complainant got information about dishonour of cheque, he rushed to accused and informed him about dishonour of cheque, where upon accused asked complainant to..........
General Clauses Act, 1897, Section 26 -- Double Jeopardy - Under Section 26 emphasis is not on facts alleged in two complaints but rather on ingredients which constitute two offences with which a person is charged - If offences are not same but are distinct, ban imposed by this provision cannot be invoked...........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Presumption - Under Section 139 of the Act legal presumption is that cheque had been issued for discharging antecedent liability and that presumption can be rebutted only by person who draws cheque...........
Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
