Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - 100% burn injuries - Accused had repeatedly driving deceased to her father's house to fetch more amount as demanded by him - PWs 1 to 5 are reliable and their evidence is acceptable - Prosecution established that deceased died due to dowry harassment committed by accused and cruelty inflicted upon deceased by..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Discharge - Allegation that by presenting fake and forged treasury challans, necessary passes were obtained to lift liquor thereby causing loss to public ex-chequer through cheating, forging and criminal conspiracy - Admittedly, licence is in the..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Plaintiff was not a bona fide purchaser with no financial capacity whatsoever, as per unambiguous and unequivocal facts on record - Further, plaintiff also failed to prove genuineness of transaction for preparation of pay orders and bank drafts from accounts of such persons with whom plaintiff..........
Civil Procedure Code, 1908, Section 35 -- Costs - Suit for specific performance - Suit was filed in the year 2006 but at that time co-sharers of defendants were not made party to suit - They were made party in 2007 - Agreement to sell suggest that plaintiff shall pay an amount of Rs.35 lakhs to defendants who in turn purchased property from co-sharers or obtain consent..........
Agreement to sell -- Specific performance - Clause in agreement that plaintiff shall deposit all the dues of bank on behalf of defendant who had taken loan - It is apparent that clearance of bank dues was the first step to make the agreement to sell workable - Plaintiff did not deposit the amount with the bank - Plaintiff not entitled to decree as prayed for...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was to deposit the bank dues of defendant as he had taken loan - Plaintiff did not deposit the amount with the bank and rather demanded refund of amount paid - Plaintiff cannot be held to be ready and willing to perform his pert of contract - Plaintiff not entitled to decree as prayed for...........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Sending personal messages on WhatsApp will not amount to utterance of obscene words in public place - Offence u/s 294 IPC cannot be invoked...........
