Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Statement recorded in a stereo type manner without putting specific role of accused persons - All the questions framed were general in nature - Specific role assigned to each of accused not specifically put to accused persons - Accused got no opportunity to explain the incriminating..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss. 13 & 18 of Minimum Wages Act, S.4 of Labour Laws Act - Offence by Company - Prosecution of Chairman and Managing Director - No averment in complaint that both accused were in charge and responsible to the company in conduct of its business - They are not even involved in day-to-day..........
Specific Relief Act, 1963, Section 34 -- Declaration of ownership - Whenever any person is found to be in settled possession of any immovable property continuously and without any obstruction for a long period of time, presumption of ownership would follow possession - Court committed error by disallowing declaration only on the basis that title documents were not produced..........
Agreement to sell -- Specific performance - Defendant opposing suit on the ground that property in question was joint Hindu family property and there was no legal necessity to sell it - Neither in revenue record nor in agreement there was whisper that property belongs to Joint Hindu family - Defences available under Specific Relief Act and under provisions of Contract Act..........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Plea that after termination of license defendant is in unauthorized occupation and liable to hand over vacant possession - Defendant denied title, right or interest of the plaintiff in the suit property - No document of title to prove ownership of plaintiff - Held, suit for mandatory injunction to hand over..........
Indian Penal Code, 1860, Section 392, 397, 411 -- Robbery - Looted articles were recovered but not produced by prosecution - FIR does not discloses specific role played by two accused persons - PWs were pre-known to each other - Place of recovery is a busy road but non of independent witness supported prosecution story - Held, factum of robbery as well as recovery of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - In charge and responsible - A reading of complaint should show that substance of accusation discloses that accused person was in charge of and responsible for the conduct of the business of the company at the relevant time - No specific or even a general allegation against appellants -..........
Agreement to sell -- Specific performance - Agreement to sell signed by vendor alone - Not signed by one of the purchasers - Does not render the agreement surrounded by suspicion - Held, agreement is a valid agreement...........
