Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Powers of Magistrate - Guidelines for application of judicial mind by Magistrate while invoking powers u/s 156(3) Cr.P.C. : (a) Magistrate should be advised to verify truth and veracity of allegations, regard being had to nature of allegations of case (b) there has to be prior applications u/ss 154(1),..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Criminal breach of trust - Allegation that accused, railway officer took money from informants on false promise to appoint them in railways - As per contents of FIR, complainant never handed over any money to accused - No illegal act on part of petitioner to induce informant to part with money - Prima facie no..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Earlier petition for divorce dismissed - Second petition on the basis of subsequent facts - Subsequent to judgment in the earlier petition wife filed a false complaint against husband in his department - Husband was suspended and subjected to departmental inquiry - Wife also filed false criminal case against husband and..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - Death by burning - Deceased stated in her dying declaration that she was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband - Dying declaration of deceased was true, voluntary and has total clarity in its..........
Workmen, Section 3 -- Compensation - Death of employee - Deceased died while driving offending vehicle - He was being paid a monthly salary of Rs.2000 p.m at the time of accident - Offending vehicle is insured with Insurance company - Claimants having lost their bread earner at the time when appellants nos. 2 and 3 were minors and for compensation they had to run from..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife was severely beaten by husband and she aborted - Allegation if proved to be false would itself constitute act of cruelty...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
