Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Where wife not only threatened husband and his family to send them to jail by committing suicide but infact that attempt was made - Such an act on the part of wife would amount to such a cruelty that it becomes a ground for decree of divorce - Divorce rightly granted...........
Service -- Termination - Back wages - Employee admitted that he being engaged in badli work on a daily wage basis and at the same time, it is his specific case that because his service was terminated by Corporation, he could not find a permanent employment elsewhere - No material on record to disbelieve employee - Since exact quantum of wages earned by employee is not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 10(1), 115(2), 126(2), 190, 191(1) -- Anticipatory bail - Attempt to murder - Prima facie attack on complainant was unprovoked and carried out by all the accused in concert including petitioner - Though petitioner was not named in the FIR, his presence at the scene of crime is..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 109(1), 109(3) -- Bail - Attempt to murder - Petitioner has undergone 5 months and 12 days of custody - Investigation is complete, challan stand presented, charges have been framed and out of total 17 PWs none have been examined so far - Conclusion of trial shall take considerable..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 75 -- Quashing of order of issuance of non-bailable warrants - Application for exemption from personal appearance was filed by petitioner - However, trial Court while rejecting said application, straight away proceeded to issue non-bailable warrants against petitioner - Rejection of said application amounts to an..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Maximum imprisonment permissible under the first part of S.307 IPC is 10 years and fine - When Court thinks it fit, not to impose imprisonment for life, punishment in no circumstances can exceed the punishment prescribed under the first part of S.307 IPC...........
