Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Indian Penal Code, 1860, Section 498A -- Cruelty - While absence of prior complaint is not conclusive proof of absence of cruelty, it is nonetheless a factor that weighs in judicial evaluation, particularly when allegations against certain relatives lack specificity - Criminal liability cannot be inferred on basis of mere presence in matrimonial home...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Omnibus and sweeping allegations against every relative of husband, without precise attribution of role, do not satisfy threshold required for criminal prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - Period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under NDPS Act in a case where embargo u/s 37(1)(b) of the Act is attracted or accused has criminal antecedents...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29 -- Bail - Contraband - Contraband was seized from direct possession of applicant - Applicant has not been able to point out existence of any facts or circumstances that are sufficient to justify recording a finding that he is not guilty of..........
Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance to parents-in-law - Daughter-in-law is not liable to pay maintenance to parents-in-law, as she is not included within ambit of S.125 Cr.P.C. (S.144 BNSS) - Maintenance under provision can be claimed only by persons falling within categories specifically enumerated therein..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance proceedings - Submission regarding wife succeeded to property of her deceased husband does not fall for consideration in proceedings u/s 125 Cr.P.C. (S.144 BNSS), as such issues are beyond the scope of summary maintenance proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - It is sacrosanct duty of husband to render financial support to wife even if he is required to earn money with physical labour, if he is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
