Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Deceased was in possession of a mobile phone and cash of Rs.2000 when he left home - However, he did not return on the same day - Recovery of Rs.300 from the possession of accused from his house is inconsequential, as that much amount would be available in every household if not more - Moreover, there is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegations made against accused are of trivial in nature which generally took place in every house - Even if the entire allegations are accepted, it cannot be presumed that there was any instigation on the part of accused - No case is made out warranting prosecution of accused - Accused discharged...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - If health of wife or other circumstances do not permit her to do house hold chores, forcefully asking her to do so, would certainly be cruelty...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Compelling a married woman to leave her matrimonial house and to live in her parental home on account of less dowry would certainly traumatize the woman amounting to mental cruelty...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - Specific allegations against husband that he was harassing wife physically and mentally on account of demand of Rs.10 lacs - He was also in the habit of assaulting wife - Wife also has been turned out of her..........
