Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - No willful desertion by wife proved on record - As regarding cruelty, daughter of parties stated that behaviour of her mother with her father was cruel and number of times she misbehaved with her father - Even husband stated that wife does not want to live with his mother and wants..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 498A, 312 -- Delay of 34 days in lodging FIR - Cruelty - Miscarriage - No injury found on the body of deceased - No satisfactorily explanation given by prosecution for inordinate delay, particularly when police were already on the spot by the time both PW4 and PW5 had reached hospital and when PW5..........
Indian Penal Code, 1860, Section 195A, 506, 34 -- Acquittal order - Leave to appeal - Hostile witness - Threatening any person to give false evidence - Petitioner lodged a complaint with police within a month after acquittal of Respondent No.2 by trial Court - Police too found prima facie merit in complaint upon investigation and thus, filed a charge-sheet against..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - False case - Post mortem of deceased not conducted - Proper medical record of deceased not available - Complaint lodged after delay of one month from the date of accident, which is a significance omission - More so, Tribunal while assessing compensation, failed to notice crucial aspect that whether death of..........
Indian Penal Code, 1860, Section 468, 471, 197, 199 -- Offence u/ss 468, 471, 197, 199 IPC - Offence not travelling beyond Ss.197, 199 IPC i.e of making a false declaration before a public servant for gaining promotion - Ex-facie offences u/ss 468, 471 IPC cannot be sustained, as no document was either forged or fabricated by petitioner - Moreover, compliant filed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Safeguard - Valuable right is conferred upon suspect to get his person searched in presence of gazetted officer or Magistrate - This safeguard is intended to protect person against false accusation and lend credibility to search and seizure conducted by empowered officer...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 630 gms Charas - Plea of false implication - Accused failed to give any plausible explanation as to why he would be falsely implicated as records even do not suggest accused was earlier known to investigating agency - Therefore, there is no question of these witnesses or persons having any..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - False implication - Accused failed to substantiate as to how currency notes came to his pocket - Even, accused failed to substantiate that complainant, two witnesses and officers of CBI were inimical to him and falsely implicated him in this case due to animosity - Hence, there is no..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
