Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f) -- Shared household - Domestic relationship - Mere fact that daughter-in-law moved out and started living separately and at the time of filing of complaint was living separately, would not make the case fall outside the ambit of Ss.2(f), 2(s) of the Act, particularly when allegations levelled pertain..........
Indian Penal Code, 1860, Section 307, 353, 332, 427, 186, 109, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(S) -- Offence u/s 307, 353, 332, 427, 186, 109 IPC and Ss.3(1)(R), 3(1)(S) of SC/ST Act - Quashing of FIR - Specific allegations of accusing injury to complainant while discharging official duty is levelled in FIR..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f) -- Domestic relationship - Shared household - Cousin brother of husband - complainant and cousin brother of husband residing in the same building but on different floors - By no stretch of imagination it can be said that they lived together in a shared household - Complaint quashed...........
Consumer Protection Act, 1986, Section 2(1)(s) -- Shares - Transfer of shares - Service - Since the shares belongs to the petitioner - company, even if they be floating in the open market, the right of a purchaser would accrue only after the endorsement of its transfer to the purchaser by the company by dealing the name of the erstwhile buyer - The same would amount to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(s), 2(f) -- Complaint against husband and brother-in-law of husband - Allegation against brother-in-law that he made aspersions on her for not bearing a child which is an emotional abuse - Complainant and brother-in-law never stayed together in same house - Held, making certain allegations against wife by..........
Negotiable Instruments Act, 1881, Section S.138 -- Dishonour of cheque - Firm - Complaint or appeal by a person who is not proved to be a partner of the registered Company/firm is not maintainable...........
Prevention of Food Adulteration Act, 1954, Section S.13(2), Prevention of Food Adulteration Rules, 1995, Rule 9A -- Sample - Found to be adulterated - Report of Public Analyst sent to accused prior to institution of complaint in Court whereas Rule 9A requires that report of Public Analyst be sent to accused after institution of complaint in Court - Rule 9A is directory -..........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(o), 2(s), 173, 204 -- Custodial death - Complaint against police - Magistrate directing Corps of Detectives to investigate - Though Magistrate has no power to direct COD to investigate however investigation made by COD in case of custodial death is as per standing order of Government - Cognizance taken on report filed..........
