Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Reduction of sentence - Petitioner was convicted under offence in question for which no minimum punishment has been prescribed - He has already undergone a period of 2 months and 20 days in custody out of total sentence of 2 years - Petitioner has been suffering agony of trial for last more than 10..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - The pendency of civil proceedings on the same subject matter, involving the same parties is no justification to quash the criminal proceedings if a prima facie case exist against the accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - No bar exists against prosecution if the offence punishable under criminal law are made out against the parties to the civil suit...........
Criminal Procedure Code, 1973, Section 372, Copyright Act, 1957, Section 63, 65, Indian Penal Code, 1860, Section 420, 120B -- Issue is whether the Appellant would fall under the definition of `victim' in terms of Section 2(wa) read with the proviso to Section 372 of the CrPC or whether Section 378 of the CrPC would prevail in the facts and circumstances - It is the..........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Discretion entirely lies with complainant either to approach Magistrate or to approach Police - There is no bar to approach Magistrate with a criminal complaint instead of approaching Police even in cases where cognizable offences are disclosed from contents of criminal complaint...........
