Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Earning women - Expecting educated and earning woman to contribute towards household expenses, making online purchases, or being asked by mother-in-law to feed child does not amounts to cruelty u/S. 498-A IPC...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance taken by Court on police report and not on written complaint filed by public servant - No court shall take cognizance of any offence punishable under u/s 188 IPC except on complaint in writing made by public servant concerned or of some other public servant to whom he is administratively subordinate,..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere disobedience of order promulgated by a public servant is not sufficient to attract provision of S.188 IPC...........
Indian Penal Code, 1860, Section 304II, 294(b) -- Offence u/ss 304-II, 294(b) IPC - Evidence of projected eye witnesses to have witnessed assault is highly doubtful - No blood stain detected on wooden log used in assault by appellant as per forensic report - PW1 and PW8 took deceased to Hospital in a Auto travelled for some time, there is no blood stained clothes of both..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Loss of gold jewellery - For gold jewellery, calculation should be based on date when decision to pay compensation is made and not date of offence...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Complaint was lodged against unknown persons - Accused were not traced even after seven years - Petitioner is undoubtedly a victim and they lost their jewels - Compensation to victim is mandatory even when offender is not traced or identified but victim is..........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Blows delivered on head of deceased though with knowledge that it is likely to cause death, accused cannot be imputed with an intention to cause death or to cause a bodily injury likely to cause death - Bamboo lathi though seized, there is no reference to any blood stains having been found on..........
