Constitution of India, 1950, Article 227 -- Scope - Three situations when a finding on facts and questions of law can be termed as perverse, i.e. (i) if it is erroneous on account of non-consideration of material evidence; (ii) if conclusions are contrary to evidence or; (iii) if conclusions are based on inferences that are impermissible in law...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order dismissing a discharge petition ought to contain proper reasons - Mere employment of stereotyped expressions would not suffice...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court is obliged to scan the material on record and give a finding if there is sufficient ground for proceeding against accused - There must be broad discussion of factual matrix leading to the conclusion that there is sufficient ground for proceeding against accused - Order dismissing discharge application set..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Accused will be discharged only on following grounds : (i) Where evidence produced is not sufficient; (ii) Where there is no ground for proceeding against accused; (iii) Where no sanction has been obtained; (iv) Where prosecution is clearly barred by limitation; (v) Where he is precluded from proceeding because of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Writ jurisdiction - High Court cannot invoke its supervisory jurisdiction u/art 227 of Constitution to entertain a prayer for rejection of plaint...........
Criminal Procedure Code, 1973, Section 482, 227 -- Quashing of proceedings - Discharge - High Court while exercising its inherent powers cannot conduct mini trial - All grounds as taken in discharge application can be examined at appropriate stage of trial - Petition for quashing rejected...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - False promise of marriage - Physical relationship between appellant and prosecutrix was consensual from the very beginning and cannot be said to be against will or without consent of prosecutrix - Even if case of prosecutrix is accepted, there is no material on record to show..........
Indian Penal Code, 1860, Section 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
