Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Explanation that facts were inadvertently missed out or not noted by the counsel is too general and cannot be accepted as sufficient compliance with statutory requirement of due diligence...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Indian Penal Code, 1860, Section 323, 147, 500, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 147, 500, 504, 506 IPC and S.3(2)(va) of SC/ST Act - Compromise - Dispute is purely private in nature - Prima facie alleged offence has not been committed on account of caste of victim and except some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - At the preliminary stage of investigation, Court is not inclined to embark upon a detailed appreciation of facts or evidence - Veracity of allegations of forgery, fabrication and use of false notarial seals is a matter for investigation and if warranted, trial...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
