Indian Penal Code, 1860, Section 406, 498A, Dowry Prohibition Act, 1961, Section 4, 6 -- Misappropriation of dowry articles - Cruelty - Customary gifts made to relatives of husband would not fall within the meaning of 'dowry' under Section 4 of Dowry Prohibition Act - Other items for common use would fall within the meaning of 'dowry'...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Deceased under influence of liquor entered house of accused with knife and wanted to rape his wife - Hearing cries accused intervened and rescued her - Possibility cannot be ruled out that accused pushed the deceased out of his house, inflicted blows with knife and killed the deceased - Accused committed the act in the..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - It is imperative on the court to record the statement under Section 313 Cr.P.C. of the accused persons so as to give opportunity to the accused persons to explain any incriminating circumstance proved by the prosecution - If such opportunity is not afforded, the incriminating piece of..........
Criminal Procedure Code, 1973, Section 439 -- Indian Penal Code, 1860, Section 376, 313, 315 and 506 - Bail - Accused, a self proclaimed sidh/saint - He exploited the prosecutrix and impregnated her several times because of which she gave birth to four children and there were abortions thrice - None of the children so born survived - Skull of a child recovered during..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Registration Act, 1908, Section 77, Civil Procedure Code, 1908, Section 80 -- Refusal to register document - Suit under section 77 - Proceeding is in nature of appeal from order of refusal to register - Question of issuing notice under section 80 CPC does not arise...........
Indian Penal Code, 1860, Section 304B -- Under Section 304B, the Court is not empowered to impose fine as a punishment...........
Indian Penal Code, 1860, Section 304B, 498A -- A person charged and acquitted under Section 304B can be convicted under Section 498A without a specific charge being there, if such a case is made out...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Offence under Section 307 IPC - Discretion to grant pre-arrest bail could be exercised only if the offence alleged to be committed is not grave and there is no need of custodial interrogation - Keeping in view the nature of charges, motive and obvious need of custodial..........
Criminal Procedure Code, 1973, Section 133 -- For operation of the provision it must be shown that the interference with public comfort was considerable and a large section of the public was affected injuriously...........
