Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that accused uttered defamatory and derogatory statements against Chief Minister of State which injured her credit and reputation in minds of public at large - However, statements are political digs taken by one party against other party in a political battlefield and it is not against any individual in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Buprenorphine 2 ML each - Non-compliance of S.50 of the Act - Personal search of juvenile was conducted by Lady Constable, though there was no recovery - Recovery effected from cloth bag carrying by juvenile in her right hand - However, juvenile was not given an offer whether..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - Offence u/s 138 of the Act, is an offence in personal nature of complainant and since it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act, he alone has to take plea of defence and burden cannot be shifted to complainant...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4), 11(3) -- Suit for eviction - Bonafide need - Oral testimony of husband and son of landlady prima facie establishing bonafide requirement of suit premises for setting up personal business of her son - Failure of tenants in discredit oral testimony of prosecution witnesses - Onus of proof to prove that other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Sentence suspended subject to petitioner`s depositing 30% of total compensation amount as well as fine amount and by furnishing personal bond - Neither petitioner furnished bonds nor deposited compensation amount ordered -..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of habeas corpus is available as a remedy in all cases where a person is deprived of his/her personal liberty - It is processual writ to secure liberty of the citizen from unlawful or unjustified detention whether a person is detained by the State or is in private detention...........
