Thursday, 14 March 2019
Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved party of alleged illegal act has no objection to such an act—FIR quashed
Thursday, 28 February 2019
Civil Procedure Code, 1908, S.ll--Res judicata-Once the judgment passed in the previous suit have been filed which notices the necessary pleadings of the parties, discusses the evidence led by the parties and thereupon decide the very question involved in the present case, such findings would operate as res judicata
Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable
Will--Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-
Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted
Anticipatory Bail--NDPS--Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted
Indian Penal Code, 1860, S.420--Cheating-Anticipatory Bail-Pake Visa-Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-
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