Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - If Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202(2) -- Dishonour of cheque - Examination of witnesses on oath - S.202(2) Cr.P.C is inapplicable to complaint u/s 138 of N.I Act in respect of examination of witnesses on oath...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence of complainant by way of affidavit - There is no reason for insisting on evidence of witnesses to be taken on oath...........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Procuration of minor girl and rape - Victim had gone alongwith accused of her freewill - Other eye witnesses and victim did not raise any alarm, showing she was not taken away by force - Victim travelled and stayed with accused for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Testimonies of eye witnesses - All four eye witnesses are reliable and inconsistencies and contradictions in their evidence are trivial -..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Indian Penal Code, 1860, Section 149 -- Offence u/s 149 IPC - Conviction with the aid of S.149 IPC can be only in case where at least two witnesses speak about the involvement of person...........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Names of accused `H' and accused `L' was only mentioned by one witness - Conviction with the aid of S.149 IPC can be only in case where at least two witnesses..........
