Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.30 lakh by wife - Husband demanded Rs.30 lakhs for his business purposes and father of wife paid the same to husband - However, husband contended that said amount was meant for business development of business of father of wife - If actually the said amount was meant for business development of business of father..........
Criminal Procedure Code, 1973, Section 102, Prevention of Corruption Act, 1988, Section 18A -- Attachment of bank account - Freezing of bank account of accused taking recourse to S.102 Cr.P.C. is not sustainable, as Prevention of Corruption Act is a Code by itself...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased was harassed with a view to coerce her to meet unlawful demand of Rs.25,000 and such harassment was on account of failure by her to bring the said amount from her father who was financially incapable to meet such demand - Suicidal death by consuming pesticide stands affirmed by evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint qua accused - Contention that accused is not a signatory to cheque, thus, no proceedings are maintainable against accused - Contention rejected as initially it was accused who had entered into lease agreement with complainant in pursuance of which cheque in question was..........
Succession Act, 1925, Section 222, 231, 301 -- Probate - Will - Executor wants to relieve himself from his obligation on account of his old age and in his place beneficiaries of Will already filed an application for their impleadment - Scheme of execution of Will and grant of probate does not envisage a forceful retention of an executor of Will by Court - Court thus,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed a complaint against husband regarding harassment and demand of dowry and cancellation report, one thing has been clarified that husband and his family members had not made any demand of dowry and they did not harass the wife on account of not bringing sufficient dowry - Both..........
Evidence Act, 1872, Section 8 -- Motive - To establish an offence by an accused motive is not required to be proved when case is based on eye witness account...........
Indian Penal Code, 1860, Section 326A -- Acid attack - It is not percentage or gravity of injury which makes difference, be it simple or grievous, if injury falls under specified types u/s 326-A on account of use of acid, offence u/s 326-A IPC is attracted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband maintained illicit relations with another lady - Said lady/RW5 on oath stated that husband had married her by suppressing his earlier marriage - She specifically stated that they had a daughter from this relationship - Wife stated that it was on account of his illicit relations..........
