Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - An act of slapping or abusing may not invoke sharp reaction or response in case of an uneducated lady in a particular culture or society - She may not mind abusive language, no, attendance by her husband during illness or an occasional slap by her husband - However, similar acts under normal circumstances,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Basic requirement is: (i) not to address in an abusive way indicating caste and; (ii) such person should not be humiliated in public...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of other party...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband pleaded that his wife never respected his family members and she extended threats to them and use filthy and abusive language for them - However, neither husband disclosed time and place when such quarrel took place or threat extended or abuses hurled nor specific instance or..........
Indian Penal Code, 1860, Section 307, 326 -- Accused 11 in number armed with weapons like clubs and iron rods - It was thus, not impossible for them to kill any of injured witness - Abusive words used by accused at the time of incident that they would take away injured cannot be considered as determinative of accused to kill injured - At the best accused would have..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely stating that wife was neglecting her duties or that she was abusive and has insulted husband and his family members in front of others or that she has refused to cook for him or offer him even glass of water on his return from work, will not be sufficient to constitute act of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint filed in respect of civil matter already pending - Agreement to sell alleged to be forged after gap of six-seven years and that too without showing any real basis for establishing commission of offence - Intention to give criminality to essentially a civil dispute - Such abusive initiation of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - In order to constitute an offence u/s 294 IPC, obscene words must be uttered in or near the public place - When abusive words are uttered over phone and that too when informant was sitting in his official chamber, no offence u/s 294 IPC is made out against accused, particularly, when no specific words used by..........
Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Abusive words uttered over phone - In the absence of any material that such mobile phone had got any link with petitioner or petitioner had instructed the owner of mobile phone to use obscene language at informant or to criminally intimidate informant, ingredients of offence u/ss 294, 506 IPC cannot..........
