Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Oral dying declaration - Evidence on record both of deceased as well as local witnesses establish beyond doubt the continuous physical and mental torture meted out to deceased resulting in her death due to burn injuries within 1-1/2 years of her marriage - Essential ingredients of S.304-B IPC proved,..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Accused u/s 304-B IPC directed to suffer maximum sentence of life imprisonment - Oral dying declaration of deceased not proved - It cannot be said beyond reasonable doubt that accused had set deceased on fire - Accused already suffered imprisonment for more than 14 years - Sentence..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 4 years old girl - Accused is below 15 years and offence is committed prima facie with determination, exhibition of maturity and understanding of its consequences - Mother of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Assessment of permanent disability - Appellant a 20 year old data entry operator incurred permanent disability i.e loss of his right hand - Disability was assessed to be 89% - However, Tribunal and High Court re-assessed disability to be only 45% on basis that injury entailed loss of only one arm - This approach is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 173, Indian Penal Code, 1860, Section 302 -- Closure report - Murder - Investigation of case remained inconclusive for nearly three long years with investigating agency - It is only when SC ordered that investigation be concluded within 2 months, that suddenly very lengthy investigation closure report is filed - Closure report is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
