Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - Accused in the influence of liquor killed deceased and made extra-judicial confession before PW4 on the same day of incident - PW4 neither informed the relatives of deceased immediately regarding murder nor to the police - PW4 admitted that accused was not having cordial relations with accused and..........
Indian Penal Code, 1860, Section 498A, 304B -- Demand of dowry - Suicide - Constant demand of dowry by mother-i, law - Husband made no demand of dowry but husband beat the deceased under influence of his mother - Husband not guilty of offence u/ss 498-A and 304-B IPC - Mother-i, law held guilty of offence u/ss 304-B & 498-A IPC...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Object of COFEPOSA - Delay in issuing detention order - Held, COFEPOSA intends to deal with persons engaged in smuggling activities who pose a serious threat to economy and thereby security of nation - Such persons by virtue of their large resources and influence cause delay..........
Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - Compromise arrived at between parties during pendency of proceedings whereby husband has given pucca house to wife and wife is getting regular income from the house - Wife alongwith her sons have sworn in affidavit also that they would not claim any future maintenance - No case of wife that..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent under threat and fear - `Consenting' as used in law of rape means consent of will and submission under influence of fear or terror cannot amount to real consent...........
Transfer of Property Act, 1882, Section 54, 105, 122, Contract Act, 1872, Section 19, 19A - - Sale, lease or gift - Can be declared void/voidable on the grounds of fraud and undue influence, at the instance of the person whose consent was so caused...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Undue influence - Mere plea of undue influence, without pleading the ingredients which constitute undue influence, is of no avail...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be pleaded for purpose of obtaining relief claimed in suit - Material facts are required to be stated but not evidence except in certain cases where pleadings relies on any misrepresentation, fraud, breach of trust, willful default or undue..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 354(A), 376, 120B, 506, 509, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Wrongful confinement, criminal intimidation and sexual offences - Investigation is complete - Challan already..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Step grandfather alleged to have subjected prosecutrix to rape from a tender age of 12 years and threatened to kill her if she disclosed incidents to anyone - As per medical report hymen found ruptured - He admitted his guilt citing that he was under influence of alcohol when offence was committed -..........
