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..........
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..........
