Indian Penal Code, 1860, Section 498A, 504, 109, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - There is no averment or material to show that appellant was in any way concerned with causing harassment to victim on account of non-fulfillment of demand of dowry - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction once denied, cannot be given subsequently on the basis of same material...........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Issue of sanction was taken up by High Court rather than proof of sanction on its own and without assistance of counsel for accused - Respondent stated that one more opportunity may be given to respondent to demonstrate that irregularity in sanction order has led to failure of justice - Order of..........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376, 420 -- DNA test - Paternity of child - Rape case - Victim claims the child to be of petitioner/accused - Petitioner however, denying the paternity of child and has claimed non-access to relationship - When non-access is claimed in such a relationship, it is right of accused to have the same proved by..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
