Indian Penal Code, 1860, Section 498A -- Cruelty - Presence of dowry demand is not a prerequisite for establishing cruelty u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Core of the offence u/s 498-A IPC lies in the act of cruelty and does not purely revolve around the demand for dowry...........
Indian Penal Code, 1860, Section 498A -- Cruelty - S.498-A IPC recognizes two distinct forms of cruelty: one involving physical or mental harm in S.498-A Explanation (a) IPC and the other involving harassment linked to unlawful demands for property or valuable security in S.498-A Explanation (b) IPC - These two provisions are to be read disjunctively - Absence of an..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Keeping a young child of four years old away from her mother in defiance of Court order amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of mother of child - Such act of in-laws amounts to cruelty within meaning of S.498-A Explanation (a) IPC...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34 -- Cruelty - Specific allegation against applicants that they used to demand a sum of Rs.10,00,000 from her for purchasing a car - Statements of parents and brothers of complainant supports her version with respect to demand of dowry and harassment meted out to her on account of failure to fulfill the demand - She..........
Will -- Exclusion of son/plaintiff from bequeath - Testator has detailed out the reasons for ignoring plaintiff - Plaintiff admitted the reasons pointed out in the Will to be correct in his cross-examination - A father/testator who was falsely embroiled in a criminal case that too u/s 307 IPC for which he had to remain in imprisonment for 17 days, had sufficient reason to..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Modification of sentence - Incident is of the year 2013 - Eleven years have elapsed since incident occurred - Appellant is on bail throughout - He has deposited Rs.1 lakh to be payable to mother of deceased who is the sole legal heir - Conviction upheld - However, sentence of 3 months S.I. and also..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Ongoing squabbles between close relatives residing under one roof are nothing out of usual and may give rise to an inference that all was not well within the family - However, merely because such quarrels were going on between the accused persons and deceased, that by itself could not be a..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Testimony of son of deceased - Nothing in the testimony of PW3/son of deceased which could even remotely suggest that any or all of three accused persons were present in the house or that they had quarrelled with his mother/deceased when he left for school along with his brother - Even, none of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
