Showing : 371-380 of 923 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It has to be constant process by which emotional distress is caused -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - `Soon before death' - Amongst others, lapse of time between the date of marriage and the date of death is also a relevant consideration for the Court while examining whether the essential ingredients of the provision are satisfied or not in a given case...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B, 498-A-- Dowry death and cruelty - Ingredients of offence u/ss 304-B and 498-A IPC satisfied - Onus shifts on accused to prove as to how deceased died - Mere denial and maintaining silence cannot be equated to discharge of onus by accused...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - Ingredients of the provision are : (1) the death of a woman should be caused by burns or fatal injury or otherwise than under normal circumstances; (2) such death should have occurred within seven years of her marriage; (3) she must have been subjected to cruelty or harassment by her..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279-- Rash and negligent driving - Interpretation of - Preliminary conditions are : (a) It is the manner in which vehicle is driven; (b) It be driven either rashly or negligently; and (c) Such rash or negligent driving should be such as to endanger human life - Once these ingredients are satisfied,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Breach of agreement - Plaintiff/petitioner has miserably failed to make out necessary ingredients of prima facie case, balance of convenience and irreparable loss or injury for grant of temporary injunction - Held, Courts below have rightly declined temporary injunction to..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing - Facts unerringly indicating that it is not a simple case of civil dispute but it is a case of cheating per se with criminal misappropriation of funds - Prima facie established, on the own showing that ingredients of making out a offence complained were disclosed - It is a knowledgeable..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Prevention of Food Adulteration Rules, 1955, Rule 17, 18-- Report of CFL supersedes the report of Public Analyst - Where different ingredients of the offence are disclosed by the report of CFL then fresh sanction to prosecute is necessary - Moreover no care was taken to explain the discrepancies in the two reports - Acquittal calls for no interference...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Uttar Pradesh Debt Relief Act, 1977, Section 22-- Bar of suit - Defendant has to plead and prove the various ingredients that are contemplated by the provision - In absence of any such plea there would be no inherent lack of jurisdiction in a Civil Court to entertain and decree the suit...........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, 420- - Dishonour of cheques - Cheating - Ingredients necessarily be there for constituting offence of cheating - Held, (1) there should be fraudulent or dishonest inducement of a person by deceiving him - (2) (a) person so deceived should be induced to deliver any property to any persons, or to consent..........

Showing : 371-380 of 923 Results