Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Indian Penal Code, 1860, Section 354 -- Offence of outraging modesty of woman - Victim woman allegedly having illicit relations with relative of accused - Victim woman stripped and paraded naked - The statement of victim woman that she was assaulted by accused - Evidence of witnesses that victim woman was not in normal clothes on whose body some cloth was wrapped - Held,..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Accused married victim woman by making fraudulent representation that his wife was dead - Second wife invoked provision of Section 498-A of IPC - Accused sought quashing of criminal proceedings - Held, since marriage of accused with second wife when first wife is living and when marriage..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 14(1)(d) -- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Chapter 6 - Medical service - Unfair trade practice - Compensation - Eye surgery - P.R.K. Surgery - For correction of refractive error in eye - As per expert report no medical negligence established on the part of the..........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder of wife by husband - Husband assaulted wife with wooden pestle on her head causing death - Accused gave single blow on being enraged - There was no pre-mediation - Conviction of accused altered from Section 300 to Section 304 Part I of IPC...........
Indian Penal Code, 1860, Section 300, 304 -- Murder or culpable homicide - Allegations in FIR that accused chased and caught hold of deceased while main accused inflicted knife blow on his chest - Assault on deceased was result of earlier incidence when women folk participating in marriage ceremony were teased by deceased under influence of liquor - No evidence that..........
Dowry Prohibition Act, 1961, Section 6(3), Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Deceased died issueless - Husband acquitted in dowry death case - Held, husband not entitled to dowry articles under Section 6(3) of Dowry Prohibition Act...........
Indian Penal Code, 1860, Section 304B, 406 -- Dowry death - Deceased died leaving behind child - Child being looked after by paternal grandparents - Husband convicted and sentenced - Held, father of the deceased cannot claim dowry articles/stridhan of his daughter - After death her child is her only legal heir to the property - Hence the dowry article/stridhan came to vest..........
Indian Penal Code, 1860, Section 304B, 300 -- Dowry death - Deceased died due to burn injuries - Presence of kerosene oil in Can - Consistent evidence that accused committed cruelty and torture upon deceased in connection with demand of dowry - No conclusive evidence that accused person committed murder of deceased - Death of deceased was within 7 years of marriage - Held,..........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder - Proof - Husband requiring wife to return to Kerela and wife refusing to do so - Non agreement between husband and wife - Husband committed murder of wife - Held, mere non agreement was at best petty squabble between husband and wife - Not a provocation of a kind which would result in quarrel - Conviction of..........
