Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Death whether homicidal or suicide - Deceased was done to death by strangulation and thereafter his dead body was hanged from ceiling fan in the room - Death in question is thus, homicidal in nature...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Acquittal of co-accused - Gruesome act in question was not the handiwork of one person and it would be rather preposterous to assume that accused hanged dead body by ceiling fan all by herself - If alleged corroborators of accused are acquitted, already existing clouds of doubts on prosecution story..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 32 -- Murder of husband by wife - Dying declaration - Deceased allegedly made statement before PW7 regarding apprehensions by deceased - Said statement made before 3-4 days of incident - Such statement could not be taken as dying declaration, as deceased was not making such statement when he was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power u/s 482 Cr.P.C. - Factual evidence cannot be analyzed in exercise of inherent power u/s 482 Cr.P.C. because same is question of trial and of fact to be seen before trial Court...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 15(2) -- Rent and eviction - Subletting - Is a question of fact and the putative protection u/s 15(2) of the Act is a question of law or, at least, a mixed question of law and fact...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C. is not expected to appreciate factual aspect because the same is a question of trial before the trial...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact - Same cannot be decided summarily on application preferred U.O.7.R.11 CPC...........
