Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Sentence of 12 years R.I. granted by Appellate Court - Since maximum sentence u/s 307 IPC, if life is avoided, can only be a maximum of 10 years, considering the entire circumstances, relationship between the parties and injuries caused, sentence of 7 years R.I. would suffice u/s 307 IPC...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband has already remarried - Parties stayed together for only about two months after the marriage and have no intention to continue their marital relationship - Marriage between wife and husband has evidently broken down irretrievably - Divorce rightly granted...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Penetrative sexual assault - Consent - Prosecutrix stated that relationship between her and respondent was with her consent during statement u/s 164 Cr.P.C. - Even, MLC report of prosecutrix proved that no injuries of resistance of sexual act were found on prosecutrix and relationship was with consent -..........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Mere refusal to marry would not constitute offence u/s 417 IPC until and unless the requirement u/s 90 IPC is established by prosecution...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Intention of person who contributed purchase money has to be decided on basis of surrounding circumstances, relationship of parties, motives governing their action in bringing about the transaction and their subsequent conduct etc...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Actions causing sustained emotional torment and loss of trust in the marital relationship constitutes cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband and wife have been embroiled in legal disputes for years, with no signs of reconciliation - Husband has expressed his desire to move on with his life, while wife, despite her assertions to the contrary, has failed to demonstrate any genuine willingness to repair the relationship..........
