Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Mere death of deceased being unnatural in matrimonial home, though within seven years of marriage, will not be sufficient to convict accused, who is mother-in-law of deceased u/ss 304-B, 498-A IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Search and seizure - Evidence on record does not connect accused with commission of offence - Two labourers who assisted police in uploading contraband have not been named as PWs nor their statements have been recorded before trial Court - There is also no clarity as to how many samples..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases - However, where allegations made in FIR or complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Court can call upon to admit or deny genuineness of documents filed before it by prosecution or by accused, but such documents have to be included in a list providing for particulars of each document...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Formal proof of a document is not required once its genuineness is admitted by adverse party - Provision is applicable to all documents filed either by prosecution or accused, irrespective of their nature and character...........
Criminal Procedure Code, 1973, Section 294, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 330 -- Documents - Since prescription of a form relating to list of documents to be prepared by prosecution and accused for purpose of admission/denial is a procedural aspect, therefore, Form of list of documents notified by Government vide notification dated 17.02.2025 is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Onus is not on complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour - Only if an objection is raised that complainant was not in a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Plea that cheque was lost - Intimation to police dated 12.03.2010 but it reach police only in the year 2011 - Respondent No.2 admitted in his cross examination that such intimation was sent to police only in 2011 but was never converted into a formal FIR - This further raises serious..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Signatory of cheque arrayed as accused and is also the person in charge - Complaint is maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
