Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 3(i)(x) of the Act - Incident occurred at the backyard of house of appellant - Backyard of a private house cannot be within public view - Persons who accompanied complainant at the time of incident are employees and labour force she had engaged for the purpose of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Accused did not put his appearance before Appellate Court even after issuance of arrest warrant against him - Plea of counsel of accused that he did not get opportunity of hearing in appeal, is wholly misconceived and not acceptable - Appeal rightly dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - A Girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative in terms of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 504, 109, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - There is no averment or material to show that appellant was in any way concerned with causing harassment to victim on account of non-fulfillment of demand of dowry - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Settlement - Quashing of proceedings - Settlement of cases involving offence u/s 307 IPC can be considered after filing Final Report and not before filing Final Report, if prosecution materials do not suggest commission of said offence and also in consideration of the nature of injuries sustained...........
Indian Penal Code, 1860, Section 307, 341, 323, 324, 506(ii) -- Attempt to murder - Settlement - Quashing of proceedings - Medical records of injured no way suggest that she sustained any injuries on vital/delicate parts of her body - Since no injuries sustained to injured on any vital or delicate parts of the body, allegation as to commission of offence u/s 307 IPC is not..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife asserts herself to be economically unsound having no source of livelihood with no movable or immovable property in her name - Financial constraints of wife restrains her from going from Kinnaur to Shimla to attend each and every hearing of case - Moreover, transfer of proceedings will enable both..........
