judgments pronounced and acts done by a judge de
jure. Such is the de facto doctrine, born of necessity
and public policy to prevent needless ... same efficacy and acts done
by an officer de jure. The defective appointment of a de
facto officer may be questioned directly in a proceeding
conclude the same as early as possible.
On 10.7.2018, the de facto complainant filed an application under Section 301
read with Section ... impugned order the learned Trial Judge has given
permission to the de facto complainant to furnish written argument only after the
completion of argument from
LATHEESH SEBASTIAN
Crl.A.No.1343/2019
2
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRE
SENTED BY THE PUBLIC PROSECUTOR,
HIGH ... first information statement given to the police by the
fourth respondent/de facto complainant. The material averments
in the first information statement can be stated
content. Under Section 10(3) , what is vested is de jure possession not de facto, for more reasons than one because we are testing ... possession" in the present case was neither de jure nor de facto. The term "possession" as per sections
Section 55(4) of the Transfer of Property Act as the de facto complainant clarity
sales had no legal right to lease out the property ... question.
Learned Counsel for the petitioners has further submitted that the de facto
complainant had knowledge about the lease of the property to Spencer
nutshell the facts of the case are that on 24.10.2015 the de facto
complainant i.e opposite party no.2 lodged a written complaint before ... present petitioner who is the brother of the husband of
the de facto complainant. It was alleged in the said complaint that in the
morning
briefly be stated as follows -
On the report lodged by the de facto complainant against
the petitioners herein ... trial Court, the
learned Magistrate issued notice to the de facto complainant as
Section 307 of I.P.C. is deleted in the charge sheet
Crime No.334 of 2010) ....Respondent/Complainant
2.Famina Mary ...Respondent/De-facto
Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure ... prosecution is that the husband of the
second respondent/De-facto complainant and the first
Petitioner(A1) are known to each other and both
Dowry Prohibition Act,
1961, from the report of the 1st respondent-de facto complainant, no
other than the wife of the 1st petitioner ... Karwan of Hyderabad.
2. As per the report of the de facto complainant in registration of
the crime, the marriage of the de facto complainant
accused No.1 in this case. He proposed to love
the de facto complainant and to marry her. On a false promise
to marry ... payment of dowry to marry her.
Therefore, he has cheated the de facto complainant and
committed the aforesaid offences.
Heard learned counsel for the petitioner
