Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or undertaking or promissory..........
Hindu law -- Self acquired property - No material to show that `C' schedule properties are self acquired properties of deceased - No evidence on record as to income from any other source other than ancestral properties from which `C' schedule properties could have been acquired - There is a presumption that acquisition from ancestral properties form part of joint family..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Validity - Property purchased in the name of minor sons through their father - Source of fund for purchase money was minors themselves and same was not purchased by any one else - Property held not purchased as Benami in the name of minors by their father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that he is addicted to alcohol & has no source of income - Only inference that can be drawn from such a stand is that he is not willing to maintain his wife - Wife on the other hand also supporting a daughter born out of wedlock & who is of marriageable age - No documentary proof as regards..........
Indian Penal Code, 1860, Section 307, 323, 147, 149 -- Attempt to Murder - Long enmity between parties, but no motive for the said incident enumerated in FIR - FIR lodged belatedly - None of the witness seen the assailants or the weapons by which they were said to have caused the injuries because there was no source of light at the place of occurrence at the relevant time..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appeal against conviction - Accused acquitted as (1) the informant, deceased and witnesses were sitting together but except deceased nobody else sustained any injury; (2) Neither the van nor the weapon could be recovered by the IO; (3) Oscular testimony is irreconcilably contradicted by medical evidence; (4) Two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40 bags weighing 8 Qntls. from tanker meant for oil - Accused not the owner of tanker - Prosecution has failed to prove the ownership of tanker - There is nothing on record to explain as to how accused came into possession of said tanker - No explanation as to the source of such a..........
Prevention of Corruption Act, 1988, Section 17 - - Investigation - Authorization for - Validity - Search and seizure which was germinating point of case is not relating to instant case - It was conducted in course of investigation of earlier crime resulting in unraveling of materials disclosing assets standing in names of accused and his family member, which were..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Wife had at no point of time any independent source of income to purchase any property or to give any financial assistance to husband - Husband had proved that building was constructed exclusively by using his funds and that item No.2 property was purchased by wife with funds of husband as a..........
