top of page

Advocate

सार्वजनिक·190 सदस्य

Expression *any property*' in Section 102 Cr.P.C., 1973 *does not include immovable property* - Police officer has no power to dispossess person in occupation and take possession of immovable property in order to seize it.

---------------------------


Dishonour of cheque - *Bank did not say* signatures mismatched *Accused did not say* he did not issued the cheque - *Opinion of handwriting expert* that signature differ has to be ignored. *MP*

----------------------------

Dishonour of cheque - *Account closed before issue of cheques* - Section 138 not attracted. *P&H*

------------------------------

Second appeal - Can be admitted for hearing only if it *raises a question of law that needs determination* after notice to contesting party. *P&H*

---------------------


Dishonour of cheque - *Pendency of insolvency proceedings no bar to Criminal proceedings* under section 138 Negotiable Instruments Act. *Madras*

----------------------

Penal Code, 1860 (IPC) - Section 300 Exception 4 - Claim the *Benefit of sudden quarrel* -


▪Two were armed with sickles,


▪one with an iron pipe


▪and the other with wooden staffs -


Even if it is assumed that they may not have come with the intention of killing, *the fact that they were armed (•before hand), clearly indicates*


that the occurrence did not take place


▪in the heat of passion,


▪upon a sudden quarrel.


As pointed, both sides were coming to attend a Panchayat to settle a dispute.


*Where was the need to carry arms if the intention was only to settle a dispute?*


Even otherwise, *Exception 4* is not applicable because *the manner in which the blow was given right on the middle of the head,*

brings this case squarely within clause "Fourthly" of Section 300 IPC.

*SCI*

juristgroup015
Adv Rahul Kushwaha
Dr.Sudha Kushwaha

विवरण

Welcome to the group! You can connect with other members, ge...

सदस्य

©
  • Instagram
  • Facebook
  • YouTube
  • RSS
  • LinkedIn
  • Twitter
  • Pinterest
  • TELEGRAM
bottom of page