Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 307 - Summoning as additional accused - Neither order containing any reason for invoking powers u/S.319 Cr.P.C. nor specific materials pointed out for coming out to the conclusion that the accused-petitioners are involved in the commission of the offence - Only one of the petitioners Jaikesh appears to..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 406, 420, 494, 498-A and 148 - Dowry Prohibition Act, 1961, Sections 3, 4 and 6 - Summoning order - Quashing petition - Matrimonial dispute - Petitioner No.1 and respondent No.2 have resolved their differences by way of bona fide settlement - To permit the prosecution of FIR to continue would be an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to be false and filed with ulterior motive - Complainant of its own or on getting opportunity can drop proceedings against certain accused - If complainant does not voluntarily drop proceedings then in that event Court while deciding the matter finally can pass observations or..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Indian Penal Code, 1860, Section 147, 148, 149, 307, 323, 325, 342, 365 -- Attempt to murder - Grievous injuries - Abduction on gun point - All injuries on non vital parts of body - Though accused possessed fire arms but no fire arms used - Ingredients of Section 307 IPC missing - Charge u/s 307 IPC set aside - However, charge under other sections, sustained...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - 'Child witness' - Murder of wife by accused - Funeral performed hurriedly without informing her family members - Evidence on record that deceased was ill-treated and given beatings by appellant and not given proper food - Funeral performed without lodging any report and post-mortem - Evidence..........
Criminal Procedure Code, 1973, Section 468 -- Penal Code, 1860, Sections 406, 498-A r/w 34 - Limitation - Cause of action - Complaint u/Ss.406/498-A/34 IPC - Wife was persuaded to withdraw her earlier complaint on 19.5.1990 with an assurance that the dispute has been amicably resolved -Later on, she was compelled to leave her matrimonial home on account of maltreatment and..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Provision of S.19 has an overriding effect over the general provisions contained in Section 190 or 319 Cr.P.C...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- 'Soon' - Cannot be taken to mean 'immediate' - Period of 13 days would be well within the ingredient of the word 'soon before death' as envisaged in Section 304-B I.P.C...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - For the purpose of attracting Section 149 of the IPC, it is not necessary that there should be a pre-concert by way of a meeting of the persons of the unlawful assembly as to the common object - If a common object is adopted by all the persons and shared by them, it would serve the purpose...........
