Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cryptic order - Order passed without application of mind to any of the pleadings available and without being specific about the date upto which party entitled to interim maintenance - Impugned order set aside - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque issued on behalf of Company not in individual capacity of Directors - Prosecution simplicitor against Director without making specific averments about role played by them, would not be maintainable - Proceedings quashed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 114, Dowry Prohibition Act, 1961, Section 3, 7 -- Anticipatory bail - Abetment of suicide - Allegations against father-in-law and mother-in-law of deceased - General allegations are alleged for demand of dowry and cruelty in the FIR, without there being any specific instances and..........
Easement Act, 1882, Section 60 -- Irrevocable licence - Benefit of S.60(b) of the Act, does not appear to have been specifically raised in written statement - Issue claiming benefit of S.60(b) of the Act is a mixed question of fact and law, which requires a specific plea to be taken in written statement and then evidence led by parties on the issue framed...........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
