Back
SUDHIR SINGH, JASJIT SINGH BEDI
Mithu Singh Brar – Appellant
Versus
Devinder Kaur – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
CRM-6044-2008
For the reasons stated in application, same is allowed. Delay of 32 days in filling the application for leave to appeal is condoned.
CRM-A-97-MA-2017 (O&M)
1. The present application under Section 378(4) of Cr.P.C has been filed for grant of leave to appeal the judgement of acquittal dated 05.10.2007 passed by the Judicial Magistrate Ist class, Patiala.
2. The instant complaint NO.313-T came to be filed on 19.10.1996. The accused came to acquitted vide judgement dated 05.10.2007. The present application for leave to appeal is dated 07.01.2008. The matter has come up for final haring now after more than 28 years of the filling of the complaint.
3. The instant complaint was filed by complainant Mithu Singh Brar against the accused-Devinder Kaur and others under Sections 419, 420, 465, 467, 468, 470, 471, 474, and 447-A read with Section 120-B of the Indian Penal code, with the allegations that the complainant had purchased a plot bearing No. 7 situated at Village Jhill, Tehsil and District Patiala, bearing Khewat Khatauni No. 447/1041 and now Comprising in Khewat Khatauni No. 682/1969/1 Kharsana No. 65//12/2 (0-17) i.e. 17 marlas (500Sq. Yards)
An appellate court cannot overturn an acquittal unless the trial court's decision is unreasonable or not based on evidence, respecting the presumption of innocence.
The relevance of civil proceedings in a criminal case and the need for independent determination of the validity and genuineness of documents in civil proceedings.
The main legal point established in the judgment is the validation of the power of attorney (Ex.B1) and the implications of its validity on the sale deed executed by the first defendant in favor of t....
Hand writing expert is not a conclusive evidence – Reliance on hand writing expert report to draw inference of criminality would be weak piece of evidence when parties can disprove hand writing exper....
The presumption of validity of registered documents places the burden of proof on the challenger, and civil court decisions can significantly impact the viability of subsequent criminal allegations.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
The court held that registration of FIR is mandatory when allegations disclose cognizable offences, and any discretion to omit such registration is legally impermissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
