Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 12 -- Offence u/s 323 IPC - Removal of disqualification attaching to conviction - Offence u/s 323 IPC is not an offence of moral turpitude - Person released on probation of good conduct therefore, will not incur any disqualification due to conviction recorded by trial Court as provided u/s 12..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Once the title of plaintiff's vendor acquired under sale deed is established and purchase of same property by plaintiff i.e his father on his behalf under registered sale deed is held by two Courts, there was no reason or justification to interfere with concurrent..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Loan transaction - Cheque is question issued by A4 - Account in bank was being run by A4 - Petitioners being family members of A-4, cannot be roped in only for the reason of being partners in A-1 Firm - Proceedings against petitioners quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
