Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is earning Rs.46,941 p.m and is employed as a Government teacher - Whereas husband is earning Rs.35,000 p.m and is employed as an Accountant at District Cooperative Bank - Wife has responsibility of looking after their son, who is approximately 12 years old - She currently receives Rs.1,000 for her personal..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance taken by Court on police report and not on written complaint filed by public servant - No court shall take cognizance of any offence punishable under u/s 188 IPC except on complaint in writing made by public servant concerned or of some other public servant to whom he is administratively subordinate,..........
Criminal Procedure Code, 1973, Section 357A -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.396) - Victim compensation - Compensation to victim is mandatory even when offender is not traced or identified but victim is identified...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Loss of gold jewellery - For gold jewellery, calculation should be based on date when decision to pay compensation is made and not date of offence...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Complaint was lodged against unknown persons - Accused were not traced even after seven years - Petitioner is undoubtedly a victim and they lost their jewels - Compensation to victim is mandatory even when offender is not traced or identified but victim is..........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Murder - Specific allegations against appellant to the effect that he had kept women & others captive, but there are certainly some debatable issues particularly regarding cause of death being homicidal or not - Even eye-witness, who are relatives of deceased..........
