Criminal Procedure Code, 1973, Section 401 -- Framing of charge - Charge framed under Section 326/324/34, 450 IPC - Held that the offence falling within the mischief of Section 326 IPC is not punishable with imprisonment for life exclusively - Offence falling within the mischief of Section 326 Indian Penal Code is punishable with imprisonment for a term upto 10 years but..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Appeal against conviction - Dowry death - Appellants husband of the deceased and father-in-law and mother-in-law of the deceased convicted by trial court - Allegation of demand of scooter by husband and alleged beating by him - Brother of the deceased visited his sister on 25.01.1994 - Unnatural death of the deceased on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of complaint - Petition for - Petitioner, wife and respondent-husband agreed to seek divorce by mutual consent under Section 13B of H.M.A. - Respondent-husband agreed to pay a sum of Rs.2,60,000/- in full and final settlement of all claims including permanent alimony -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Quashing of FIR - Compounding of offence - The offence punishable under section 326 IPC is not compoundable even with the permission of the Court as provided under section 320 of the Code - Keeping in view the facts and circumstances of the case and the comprise effected between the..........
Indian Penal Code, 1860, Section 302, 34 -- Injuries not caused on the vital parts - Injuries caused were serious and medical evidence clearly shows that the deceased had died due to the injuries caused to him and the injuries were sufficient in the ordinary course of nature to cause death - Held, appellants have been rightly convicted under Section 302 read with S.34 IPC...........
Indian Penal Code, 1860, Section 120A, 120B -- Evidence Act, 1872, Section 10 - It is necessary that a prima facie case of conspiracy has to be established for application of section 10 of the Act - Second part of Section 10 permits the use of evidence which otherwise could not be used against the accused person - Act or action of one of the accused cannot be used as..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 37 and 50 - Bail - Contention that search was not conducted in the presence of a Magistrate or a Gazetted Officer - Held that it is against the spirit of the Act say that if search is taken in the presence of a Gazetted Police Officer it is not in accordance with..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Interim injunction in a suit for declaration that land in dispute a thoroughfare and sale of same by Municipal Council in favour of defendant without jurisdiction, null and void and against public policy and public interest - Land in dispute sold by Municipal Council vide registered sale deed and site plan..........
Indian Penal Code, 1860, Section 449, 324, 326, 149, 304 -- Part I - Appeal against conviction - Death on spot due to several injuries - A-1 and deceased being brothers were having some family disputes - P.W.1 and P.W.2, the sister and mother of A-1 stated that A-1 to A-5 trespassed into the room at 2 a.m. with deadly weapons where deceased was sleeping with his wife P.W.3..........
Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
