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SUPREME COURT OF INDIA

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in number..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198 -- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Allegation of demand of dowry, i.e demand of money, a motorcycle, a buffalo, some of which wife and her witnesses state they satisfied - However, father of wife failed to prove the source of money - More so, these allegations were made subject matter of an FIR u/ss 406, 498-A & 506 IPC, but same..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 363 -- Kidnaping - Quashing of proceedings - Victim allegedly got married to petitioner of her own free will - She was not kidnapped or abducted by accused - Respondent No.4 being father of victim, however, not accepted said marriage - Criminal proceedings initiated only on account of ego - By initiating such proceedings, process of Court..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of charge-sheet - Offence u/s 406 IPC - Business transaction between two companies - Dispute regarding payment of money between them - Informant has also filed civil suit for recovery of amount, but same was dismissed on account of territorial jurisdiction - Applicants are mere..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - None of the witnesses deposed about instigation by accused - Complainant had no information or he suspected any foul play - FIR lodged after FSL report - It implies that deceased had not disclosed anything to her parents - Only on the basis of hearsay evidence FIR is lodged - Deceased had never complained to her..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance - Termination of FIR u/ss 498-A and 406 IPC through compromise - Document executed whereby matrimonial ties were terminated with consent and parties decided to part their ways and to proceed in their life as per their own wishes and wife agreed that she will not claim any maintenance from husband in future - Held,..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 173 -- Negative final report by police - FIR u/ss 366-A, 376-G, 342 IPC - Special judge accepted negative final report without serving notices on complainant and without providing her any opportunity of hearing - Impugned order of Special Judge cannot be sustained as being totally against settled principles of law and thus set aside -..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 154, 173(8) -- Second FIR - Plea that there should be further investigation and not second FIR - Both the appellants furnished wrong information to police as to their names, father's name and address during course of investigation made on the first FIR - Second FIR registered u/ss 419, 420 IPC - Offences under second FIR committed..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 154 -- Second FIR - There can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences - Recourse available with investigating agency in said situation is to..........

Showing : 1781-1790 of 4293 Results