Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation of cruelty and unnatural death of deceased was made by complainant only after death of deceased - No evidence on record that accused demanded dowry as a consequence of marriage - Even, complainant stated in FIR that he voluntary gave bridal presents according to his capacity - Moreover, there..........
Criminal Procedure Code, 1973, Section 102 -- FIR u/s 102 Cr.P.C. - S.102 Cr.P.C. is not an offence - Registration of crime u/s 102 Cr.P.C. itself is illegal - FIR quashed...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Indian Penal Code, 1860, Section 376 -- Rape - Insertion of finger by accused into the private part of prosecutrix is covered under the definition of offence `rape' as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When a convicted person is sentenced to a fixed period of sentence and appellate Court finds that due to practical reasons that appeal cannot be disposed of expeditiously, it can pass appopriate orders for suspension of sentence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment or decree - An application for correction of judgment or decree can be filed by either D.H. or J.D. - Court has also suo motu power to amend a judgment or decree...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery nearer to commercial quantity - Whether a case is made out or not for convicting accused is an issue which is to be considered and decided by trial Court/Magistrate/Special Judge after evaluating of material placed on record -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
