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...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix was minor at the time of incident - Consent of prosecutrix for sexual relations, has no value in the eyes of law - However, taking her age as 17 years, it prima..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Following empowerments of S.29-A of the Act enabling Courts to deploy them as and when factual matrix demands Viz. (i) Court has power to extend the time before or after expiry of statutorily stipulated period as per S.29-A(4) of the Act; (ii) Court is empowered..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Issuance of notice in writing in correct address of accused is requirement of law - Serving of notice is not the requirement of law...........
Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Held, having regard to submissions advanced at bar and in the interest of justice, order dismissing complaint set aside - Complaint restored...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
