Indian Penal Code, 1860, Section 425 -- To constitute offence u/s 425 IPC, ingredients necessary are : (a) an intention, or knowledge or likelihood, to cause wrongful loss or damage to the public or to any other person; (b) causing the destruction of some property or any change in it or in situation; and (c) such change must destroy or diminish its value or utility, affect..........
Indian Penal Code, 1860, Section 435 -- For an offence u/s 435 IPC prosecution must prove that : (a) the accused committed mischief (section 425, IPC); (b) the said mischief was caused by fire or by an explosive substance; (c) the damage caused thereby amounted to: (i) Rs 10 or upwards if it was agricultural produce, or (ii) Rs 100 or upwards if property is of any other..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere statement of sister of deceased that accused/teacher had also humiliated the child - Even if said allegation is taken to be true in its entirety, the same would not fall within the ambit of `abetment' particularly when there is no material on record against accused - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Kerala Court Fees and Suits Valuation Act, 1959, Article 21(a) -- Complaint u/s 138 of N.I. Act - Court fee - It is mandatory for complainants in a prosecution u/s 138 of N.I. Act to pay Court fee u/art 21(a) of KCF & SV Act...........
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...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Legal principles governing are : (i) Court can recall any witness at any stage of proceedings & even at the stage of writing judgment if such recall is found necessary for proper adjudication of case; (ii) Recall of a witness is primarily intended to enable Court itself to clarify any ambiguity, doubt..........
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 -..........
