Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Oral statements of PWs and documentary evidence in the shape of letters written by deceased to her father not supported prosecution case - There is no inference of any demand of dowry in such letter as well - Prosecution failed to prove either demand of dowry or that any such demand was raised soon before her death -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141 -- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Defamation -- Suit for damages - Essential ingredients of defamation are : (a) Malice - The words must have been published maliciously; (b) They must be defamatory; (c) The words must have reference to the plaintiff; (d) They must be published...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If on appreciation of final report as a whole and it appears that ingredients of offence are absent and that continuance of proceedings will only result in abuse of process, Court will be well justified in quashing proceedings in exercise of its inherent powers...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There should be clear mens rea to commit the offence for conviction u/s 306 IPC - It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide - To attract the..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Existence of element of abandonment is on record - It cannot be said that wife failed to establish necessary ingredients u/s 18(2) of the Act - Order granting maintenance to wife @ Rs.5000/- p.m including maintenance already granted by Magistrate u/s 125 Cr.P.C held, proper...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere presence of formal words in complaint alleging ingredients of a particular offence, even when such allegations are ex-facie unbelievable and unacceptable, would not justify registration of FIR on patently unbelievable and unacceptable allegations...........
