Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of no, bailable warrant - Offence u/ss 323, 504, 506 IPC - Allegations that complainant was abused and given beatings by accused and co-accused over issue of property and that his wrist watch and Rs.1,200 was snatched from him - Accused and co-accused threatened to kill..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to daughter-in-law - Liability of father-in-law - Husband absconding - No liability towards maintenance allowance can be fixed on father-in-law, so long as her husband is alive...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(s) -- Maintenance - Liability of father-in-law - Merely because husband is absconding, as he has been declared as proclaimed offender, does not mean that father-in-law can be held liable to pay maintenance unless he is in domestic relationship with daughter-in-law and has shared household...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused arrested after four years of lodging FIR - No material on record to suggest that accused was not arrested as he was absconding - In fact investigating agencies themselves had not arrested accused at an earlier point - Not a circumstance to deny bail...........
Service -- Family pension - Entitlement - Petitioner lost not only her son on account of criminal offence which husband had committed and thereafter he had gone absconding and her right of family pension was also denied, thus, benefit of Civil Court decree has to be granted to petitioner - Moreover, petitioner had filed suit and placed sufficient evidence on record to..........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - Mere absconding by itself does not necessarily lead to firm conclusion of guilty mind...........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - No evidence on record to effect that accused was absent intentionally or ran away so as to evade his arrest - I.O did not state a single word about such conduct of accused - There is no eye witness supporting prosecution case - Evidence of recovery of weapon of offence is not sufficient to hold..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report shows that deceased was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Parole for the purpose of house repair - Possibility of petitioner absconding or involving in other serious crime while released on parole, is just apprehension in the mind of authority, which is not based on any substantial evidence or reasoning - Moreover, on earlier occasion also petitioner had surrendered in time..........
