Indian Penal Code, 1860, Section 498A -- Cruelty - Simply sending an e-mail mentioning the factum of giving three talak to wife amounts to a form of mental torture...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376, 420 -- DNA test - Paternity of child - Rape case - Victim claims the child to be of petitioner/accused - Petitioner however, denying the paternity of child and has claimed non-access to relationship - When non-access is claimed in such a relationship, it is right of accused to have the same proved by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by Company - Director - Appellant had already resigned as Director of Company before issuance of cheques in question - He was neither a Director nor connected with the company - Appellant is not responsible for affairs of Company in view of provision of S.141 of the Act - Complaint qua..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Evidence tendered by PWs 1 to 3 regarding hurt caused to PW1 by petitioner is believable - Evidence concerning the material particulars to attract the offence u/s 323 IPC is consistent - Conviction upheld...........
