Indian Penal Code, 1860, Section 302, 201 -- Murder of wife - Death due to burn injuries -Post mortem could not be done as she was cremated prior to that - This conduct of accused goes against them but merely on this basis they cannot be convicted unless there is cogent and admissible evidence against them...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 32 -- Murder of wife - Oral dying declaration - PWs of oral dying declaration kept quite for about four months and no explanation given for the same - No incriminating article seized by prosecution and there is no other evidence supporting so called oral dying declaration of deceased - Defence stated..........
Indian Penal Code, 1860, Section 415 - - Cheating - Dishonest - Not all concealment of material facts but a dishonest concealment of an important fact amounts to deception...........
Indian Penal Code, 1860, Section 415 - - Cheating - Dishonest - No concealment is dishonest unless person concealing it is legally bound to disclose it...........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Omission to disclose by seller that there is a defect in title which defect buyer can with ordinary care discover does not amount to cheating...........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 377, 504, 427, Protection of Children from Sexual Offences Act, 2015, Section 5(D), 6 -- Juvenile - Bail - Unnatural offence - Serious allegations of committing unnatural sexual activities with victim who is minor aged about 6 years levelled against petitioner -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Offence u/ss 279, 337, 338, 304-A IPC - Reduction of sentence - Compromise arrived at between parties - Keeping in mind antecedents as well as fact that petitioner had already undergone 20 days sentence, ends of justice would be met if sentence is reduced to period already undergone by him in confinement...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by strangulation - Death of deceased occurred in her matrimonial house - Deceased died an unnatural death - Accused is husband of deceased and it was for him to explained as to under what circumstances his wife had died an unnatural death in his house - Although plea of alibi taken by husband in his..........
