Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Evidence Act, 1872, Section 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of application for discharge, trial Court is not required to conduct mini trial but sift through prosecution material and if on probative evaluation of same, prima facie case for prosecution is indicated, application for discharge would not sustain...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 25 -- Concurrent running of sentence - Presumption u/s 31 Cr.P.C. that sentences shall run consecutively if not explicitly specified to run concurrently have been omitted u/s 25 BNSS - Therefore, when trial Court does not mention that sentence would run concurrently or consecutively, prima facie benefit should be given to..........
Indian Penal Code, 1860, Section 498A, 332, 504, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against parents of husband - Vague and omnibus allegations levelled against appellants - No specific instance or occasion detailed with particulars wherein appellants demanded dowry from wife and on refusal of same subjected her to mental..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Non appearance in police station and thus violating condition of bail - In a situation wherein chargesheet has been filed and trial is in progress, direction to appear in police station is prima facie not tenable - Cancellation of bail merely on the pretext of non-appearance in police..........
