Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, 120B, Medical Termination of Pregnancy Act, 1971, Section 3, 4, 5, Drugs and Cosmetics Act, 1940, Section 18A, 18B, 18(C), Indian Medical Council Act, 1956, Section 15(2)(B) -- Anticipatory bail - Offence u/ss 420, 336, 120-B IPC, u/ss 3, 4, 5 Medical Termination of Pregnancy Act, u/ss..........
Special Marriage Act, 1954, Section 4 -- Solemnization of marriage under virtual mode - Bride is working in UK and due to wide spread of COVID-19 pandemic, she is not in a position to travel to India for solemnization of marriage - Marriage Officers held, directed to solemnize marriage or register marriage as the case may be through online mode subject to conditions...........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim declared hostile - Accused is in custody since 2015 - No report from jail that accused has in any way been unruly and he is not entitled for remission on basis of his good behaviour - Conviction upheld - However, sentence of rape..........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 4 -- Ex parte ad interim injunction - Court shall vacate the injunction only if it comes to conclusion that plaintiff had knowingly made false or mis-leading statement in relation to the material particulars leading to grant of injunction...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 35 -- Offence u/ss 363, 366-A IPC and S.4 of POCSO Act - School leaving certificate - Prosecutrix herself admitted her age to be 19 years old - Father of prosecutrix who is source of entry in school leaving certificate has admitted that..........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 45 -- Procuration of minor girl and rape - Determination of age of victim - School documents, available but not brought on record - Secondary sexual character well developed as per medical opinion - Doctor opined that victim was in..........
