Indian Penal Code, 1860, Section 302, 304(Part II), 341, 34 -- Nature of offence - Deceased suffered 20 injuries and no single injury opined to be caused by blunt weapon was fatal - Cause of death is cumulative effect of multiple ante mortem injuries - Accused thus, had knowledge that injuries caused are likely to cause death but they had no intention to cause death or..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34 -- Mortgage/Secured property - DRT and DRAT concurrently held that respondents legitimately created an equitable mortgage in respect of flat in question in favour of Bank, which has security interest upon said flat - Respondents failed to file any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c), 21(B), Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Recovery of 3 kg charas, 50 tiny packets of smack and illicit arms - Search and seizure - Contraband was not weighted on the spot by arresting team and weight was assessed as per speculation - It cannot be said that..........
Indian Penal Code, 1860, Section 498A, 323, 34 -- Cruelty - Allegation against cousin brother-in-law - Plea of separate residence - Quashing of FIR - Specific allegation against applicant that after death of husband of respondent, he along with her i, laws was harassing and treating her with cruelty - Respondent was beaten by applicant and other co-accused and has been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 26, Specific Relief Act, 1963, Section 34, 37, 38, 39 -- Application u/s 12(1) of Act of 2005 in pending proceedings under Specific Relief Act - Petition by wife u/ss 34, 37, 38, 39 SRA seeking restraint order against husband from removing son from the custody of wife - Application u/s 12(1) can be..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Common intention - Circumstantial evidence - Accused convicted on the basis of following circumstances: (i) Motive was against deceased due to his not agreeing to proposal of marriage of co-accused with his daughter; (ii) accused and co-accused both being cousins, knew each other very well; (iii) both..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused were persistently making demand of dowry from deceased and her family members and they used to harass her for such cause - Story of suicide as propounded by accused is wholly unreliable, as it is difficult for a person to commit suicide by using DBBL gun and that too by firing 7 gun shots one..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration without seeking relief of possession is not maintainable, if plaintiff is not in possession of suit property...........
