Indian Penal Code, 1860, Section 300, 304 -- Murder or culpable homicide - Allegations in FIR that accused chased and caught hold of deceased while main accused inflicted knife blow on his chest - Assault on deceased was result of earlier incidence when women folk participating in marriage ceremony were teased by deceased under influence of liquor - No evidence that..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Hindu marriage has both religious as well as secular aspects - It is a sacrament because there is emphasis on the performance of the customary rites and ceremonies including Sapatapadi wherever it is treated as an essential ceremony for the completion of marriage - It is a contract because this Section deals with the..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Banking service - Deficiency in service - Compensation - Punitive damages - Complainant was not permitted to operate saving bank account for two months - He could not withdraw money for solemnization of marriage of his sister - Held that this is an apparent deficiency in service on the part of the appellant Bank..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Constitutionality - Provision of S.13-B is mandatory - If a statue causes hardship same cannot be declared ultra vires - Object of the statute has to be seen - Court while interpreting the statutory provisions would not add or subtract the words from the section nor would it give meaning to the language..........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b), 12 -- Disobedience to the 'other process of the Court' - Marriage performed after filing of appeal - An unlawful act in terms of section 15 of Hindu Marriage Act - Whether amounts to willful disobedience to the 'other process of the Court' disclosing a Civil Contempt within meaning of section..........
Contempt of Courts Act, 1971, Section 2(c) -- Decree of divorce - Appeal filed - Second marriage solemnized by husband/respondent - Whether the act of marriage by the respondent after the filing of the appeal interferes or obstructs the administration of justice and thereby amounts to a criminal contempt within the meaning of section 2(c)? - Referred to Larger Bench...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Relevant considerations for grant of interim maintenance - (1) Status of the parties; (2) Reasonable wants of the claimant; (3) The independent income and property of the claimant; (4) The number of persons, the non-applicant has to maintain; (5) The amount should aid the applicant to live in a similar life..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Three main ingredients of offence u/s 304-B IPC are : (a) that, there is a demand of dowry and harassment by the accused on that count; (b) that, the deceased died; and (c) that, the death is under unnatural circumstances within seven years of the marriage - When these factors are proved by reliable..........
Indian Penal Code, 1860, Section 306, 498A -- Evidence Act, 1872, Section 113A - Abetment of suicide - Death of bride within 4 months of marriage -Demand of a tape recorder and Rs.10,000/- from father of the bride - Within short span of four months deceased on several occasions informed her father that she was being troubled by he/husband and his elder brother -Prosecution..........
