Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Victim stated that she was in talking terms with accused and had voluntarily left home as her family members have beaten her and electrocuted her - Mere being in talking terms with another person resulting in victim leaving home would not attract penal provisions - Material particulars and circumstances with regard to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Modification of a complaint may be permitted where cognizance has not yet been taken and alteration does not alter the essential character of complaint, defect sought to be rectified is one which can be cured through a formal amendment and where such modification does not result..........
Goa Children's Act, 2003, Section 8 -- Child abuse - A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy essential ingredients of child abuse - To invoke penal consequences of such a serious offence in absence of clear intention or conduct indicative of abuse would amount to an unwarranted expansion of provision...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Bank failed to comply with mandate of Supreme Court directing payment of retiral dues to petitioner within three months from the date of said order - However, material placed on record do not demonstrate that delay in compliance was borne out of any willful or..........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Word `essential' deliberately finds place in the provision as Court is duty bound to satisfy essentiality with reasons...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not an essential requirement for conviction in cases of rape...........
