Negotiable Instruments Act, 1881, Sections 138 and 142(b) - LIMITATION - Date of Receipt of AD - Dishonour of cheque - Limitation - Receipt of A.D. - Complainant sent demand notice with Acknowledgement card to petitioner - Petitioner received notic..
Negotiable Instruments Act, 1881, Sections 138(a) - POST DATED CHEQUE - Date - Dishonour of Cheque - Post dated cheque - Drawn date - Post dated cheque shall be deemed have been drawn on the date bears on it. (Para 7) ..
Negotiable Instruments Act, 1881, Sections 138 and 139 — Dishonour of cheque —“Insufficient funds” — Cheque dishonoured with remarks “Insufficient funds” — Conviction Cannot be set aside on the ground of not proving that cheque was given for any debt..
Negotiable Instruments 1881, Section 138 — Presumption - Rebuttal - Presumption that cheque was drawn for discharge of liability of drawer is presumption of law which is ought to be raised by Court in every case. Burden of proving that there was no d..
MM CANGRANT BAIL IN CASES PUNISHABLE WITH LIFE ALSO...
Indian Penal Code, 1860 ― Section 364-A/34 ― Kidnapping for ransom ― Allegation that accused persons kidnapped the child of complainant for ransom ― One of the accused was earlier working in complainant’s house ― He took..
A. Medical Jurisprudence – Course of death- Presence of heamatoma at left temporal region with contusion appearing externally would suggest, there was use of external violence of person of deceased of deceased before she died – death was not due to s..
A. Indian Penal Code, 1860- Sections- 376 (2) (f), 363, 366- Kidnapping and rape- proof – Prosecutrix, a minor girl aged about 10 years allegedly allured by appellant on pretext that he will get her learnt to run bicycle, took her to his house and c..
A. Indian Penal Code, 1860- Section 376 and 363- Kidnapping and rape- Proof- Allegation that viction, a minor girl kidnapped by appellant, a private tutore with assistance of co-accused persons and committed rape on her – statement of victim that app..
Penal Code, 1860, Sections 392 and 397 - Robbery - Grievous hurt - Any hurt which endangers life is grievous hurt - The term endangering life is much stronger than the expression dangerous to life - Knife blow was given on the chest, just below the n..
(A) Criminal Procedure Code, 1973- Section. 437(6)- Bail- Cancellation of –Accused granted bail in view of default clause contained in Sec. 437(6)- Correctness, validity and propriety of order granting bail, not challenged- Bail granted by Magistrate..
Prevention of Food Adulteration Act, 1954- Section. 2(ix)(e)- Sale of misbranded article- As per allegations in complaint “Tapioca Flour” was labeled as “ arrow root mixture” and a false claim was made upon lable that it contained various other artic..
Orissa Forest Act, 1972 – Section 56 (1) – Criminal Procedure Code, 1973 – Section 457- Seizure of vehicle involved in forest offence – Release of – Criminal Court would have no jurisdiction to release the vehicle in exercise of power under section..
(A) Penal Code, 1860, Sections 405, 406 and 420 - Quashing of order - Taking cognizance of offence - Cheating - Criminal breach of trust - Dishonour of two cheques - Instead of filing complaint u/s 138 Negotiable instruments Act, complaint filed for ..
8. Procedure where defendant only appears Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or pa..
(A) Indian Evidence Act, 1872- Section. 3- Eye witness- Testimony of –Reliability-Murder case- Evidence of witness is inconsistent with testimony of eye witnesses- He stated that pistol was fired on deceased but no gunshot injuries on body of decease..
A. Criminal procedure Code, 1973- Section 154- F.I.R. Delay in lodging – Murder case-Explanation of independent witness and others that they gave priority to the treatment of deceased and injured- Having been accepted by court below- Required no ..
A. Criminal Procedure Code, 1973 ― Section 228 ― Framing of charge ― At this stage, only prima facie case is to be seen ― It is not to be seen whether evidence collected by investigating agency is sufficient for conviction of ..
A. Indian Evidence Act, 1872- Section- 154- Hostile witness- Testimony of said witness- Murder case- Merely because a witness, for one reason or other, has, to some extent, resiled from his earlier statement- It self may not be sufficient to discard ..
A. Criminal Procedure Code 1973- Section 174- Inquest report- Purpose of – IS only to notice as to whether murder committed was homicidal in nature or not and not for making a note in regard to identification marks of accused. (Paras 4, 24) B. ..
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