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Supreme Court & High Courts Judgments
A creditor making phone calls to a debtor demanding repayment of dues performs a lawful act. Such conduct, without material indicating physical assault, threat of a specific nature, or activ..
Supreme Court
Dishonour of a post-dated cheque, by itself, does not establish dishonest intention at the inception of a transaction so as to attract the offence of cheating under Section 420 of IPC. Post-..
Prosecution under Section 25(1-B)(a) of the Arms Act requires unlawful possession of firearms in contravention of licence conditions. Section 29(B) requires actual delivery or transfer of po..
Punjab & Haryana High Court
Once a Magistrate accepts a cancellation or untraced report under Section 193 of BNSS, the court becomes functus officio and the proceedings stand closed for all purposes. Thereafter, the Ma..
Delhi High Court
To sustain a charge of cheating under Section 318 of BNS or criminal breach of trust under Section 316 of BNS, dishonest or fraudulent intention must be established at the inception of the c..
Gauhati High Court
Custodial detention of an approver under Section 343(4)(b) of BNSS (corresponding to Section 306(4)(b) of CrPC) is protective, not punitive. The provision must be read alongside the clause "..
Jammu & Kashmir and Ladakh High Court
Dishonest intention at the inception of an agreement is an essential ingredient of cheating under Section 415 read with Section 420 of the IPC. Mere failure to fulfil a promise or non-paymen..
Sections 302 and 364 of the IPC are separate and distinct offences and do not qualify as cognate offences under the CrPC. Conviction for a lesser offence under Section 222 CrPC is permissibl..
Non-recovery of the dead body does not, as an invariable rule, render a prosecution case doubtful or entitle the accused to acquittal. In cases resting on circumstantial evidence, the last s..
Inherent powers under Section 482 of the CrPC cannot be exercised to quash an FIR involving allegations of forgery and fraud when forensic examination of disputed documents is pending and in..
Use of colloquial expressions such as "Nalayak" during a public political protest does not, by itself, attract criminal liability under Section 294 or Section 504 of the Indian Penal Code. S..
Madhya Pradesh High Court
In cases resting on circumstantial evidence, every link in the chain must be proved beyond reasonable doubt. Strong suspicion — even arising from a strained marital relationship or addicti..
Madras High Court
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