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Supreme Court & High Courts Judgments
When plea of misuse of cheque by filling up the body of the same is raised then opportunity to rebut the same should be given even though there is presumption of cheque being duly issued..
Punjab & Haryana High Court
Death was caused by firearm injuries--Eye witness admitted that the deceased had already died when he reached the scene of the offence--Thus, a serious doubt in created whether the sole eye ..
Supreme Court
Anticipatory Bail--Allegations that appellants used to insult the victim in the name of her caste by hurling abuses--No allegation in the FIR that the victim was insulted at some place withi..
Sudden Fight--Previous enmity among deceased and appellant--Both the accused persons have received injuries in the incident--As such, the possibility of a scuffle between the two groups cann..
Statements simply denying the facts or giving inaccurate statements to counter what as stated by opposite party in their affidavit--No offence under S.193 IPC is made out...
Issuance of a non- bailable warrant, at the first instance, shall be avoided...
An agreement was signed and cheque was issued by the accused--Accused had put his signature on the agreement drawn on a white paper and not on a stamp paper--Acquittal..
Complainant failed to establish as to how a cheque issued by the accused allegedly in favour of third party landed in his hands--Presumption rebutted through the preponderance of probabiliti..
Complainant had neither the financial capacity to lend nor the loan was depicted in his Income Tax Returns--Complainant failed to showcase as to when the said loan was advanced to the Accuse..
Contradiction with regard to time of issuance of cheque--Whether it was issued at the time of advancing loan or whether after due deliberations on refusal to repay--Acquittal..
Jostling and pushing, in the process of the appellant trying to escape himself from the arrest--Such an act was not with any intention to assault or use criminal force--Acquittal..
Repayment of Loan--Once the execution of cheque is admitted then mere dispute with regard to rate of interest cannot be ground to hold that there was no legally enforceable debt..
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