Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 279, 337 -- Benefit of probation - Offence u/ss 279, 337 IPC - Petitioner has actually undergone sentence of 1 month and 26 days out of total sentence of 3 months - No criminal antecedents against petitioner - Benefit of probation of good conduct granted to petitioner - Conviction and sentence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Complaint filed by transwoman - Transwoman in a heterosexual relationship, cannot be deprived of her right to lodge a complaint against her husband or relatives of her husband for the alleged offences...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Admittedly, the marriage between accused 1 and complainant was a love marriage - Further no allegation in complaint shows that either Accused 1 or Accused 2 and 3 subjected..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Allegation that accused 2 and 3 were sending accused 1 away from India - However, not a single allegation in complaint showed that accused 2 and 3 subjected complainant to cruelty..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Conviction based upon hearsay evidence of PW1/ informant and on the basis of photostat copies of alleged letters, completely ignoring the law that photocopy in the absence of original is not admissible - Moreover, statements regarding supplying of original letter to I.O. made by PWs were only bald statements and..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person is construed as nullity and a decree passed in favour of a dead person is not construed as nullity...........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - A parent would be in fiduciary relationship with an offspring only when child lacks legal capacity due to minority or disability and relationship discloses an absolute dependency on parents for decision making...........