Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Order taking cognizance of offence - Contractual dispute between parties - Complaint filed to compel accused to pay off dues and with that mind and motive, complainant initiated criminal action - Accused being heads of company have no direct interactions with any of investors and therefore,..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Mere abusive, humiliating or defamative words by itself cannot attract an offence u/s 294(b) IPC and there must be a further proof to establish that it was to the annoyance of others...........
Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Indian Penal Code, 1860, Section 153A, 294(b) -- Whatsapp group - Offensive message posted in the group by a member - Whatsapp group administrator cannot be held vicariously liable for an act of member of group, if he played the role of a group administrator alone and nothing else...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - PW1 stated that victim and her husband/PW2, attendants of obscene words in public street was made to humiliate in public place and words so uttered have been spoken to by PW1 - Obscene words spoken by accused in public place stands unchallenged in cross-examination and suggestive case of defence is not..........
Indian Penal Code, 1860, Section 341, 447, 294(b) -- Wrongful restraint and trespass - Accused person allegedly trespassing property of complainant by creating pathway - However, as per survey plan no such pathway between property of accused and that of complainant exist - Date of occurrence not mentioned in complaint - Failure of complainant to establish that accused..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b)IPC - It is not necessary in all cases to re-produce obscene song, ballad or words, if it is lengthy, in complaint so as to maintain an action u/s 294(b) IPC...........
