Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7(1)(c) -- Rejection of plaint - Jurisdiction of Family Court - Suit for declaration between parties to marriage - Husband seeks declaration that property is his property - Wife stated that property was purchased for her benefit - Subject matter of suit arose out of marital relationship of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Concealment of factum of previous marriage of husband - Marriage not declared nullity - In the absence of same denial of relief of maintenance on the incorrect assumption of applicability of S.12(1)(c) of Hindu Marriage Act, 1955, is illegal and perverse...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against brother-in-law - Vague and omnibus allegations were made against appellant - No specific details or any particular instance of harassment is provided by complainant - She has also not mentioned the time, date, place, or manner in which..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Neither any PW alleges cruelty or harassment meted out by appellant in connection with dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Presumption u/s 113-B of Evidence Act would not be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she was not ready to live with husband is not a proof that she was not willing to live in the company of husband in his village, but it is a statement made in view of subsequent events, i.e. solemnization of marriage by husband with another lady, which stands..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
