Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Dowry Prohibition Act, 1961, Section 6(3) -- Return of dowry articles - Acquittal of accused in criminal trial would not warrant rejection of application for return of dowry articles...........
Dowry Prohibition Act, 1961, Section 6(3) -- Return of dowry articles - If dowry articles are given without a demand regardless whether an offence under the Act is committed, they still may have to be returned in view of provisions of the Act considering that in absence of any children of deceased, mother would be natural heir of deceased...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Merely because deceased committed suicide in her parental home and not in her matrimonial home, cannot be said that it is not a case of dowry death - Place where a tormented lady gets compelled to kill herself has no bearing - For the purpose of S.304-B IPC, it is the existence and continuance of matrimony which has to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression "soon before her death", as used in S.304-B IPC has to read as an expression of continuity of time and not an expression of mere length of time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 306, 498A, 34 -- Bail - Dowry death - Accused and his family members started harassing deceased over dowry on the very next day of marriage by stating that deposit of Rs.7,00,000 brought by her from her parental home would fetch only a small car - Though deceased shifted to her parental..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Words stated by sister-in-law to informant/wife that they would get her husband married to someone from a higher caste and that a divorce could easily be arranged, do not establish cruelty as contemplated u/s 498-A IPC, as there is no demand of money, dowry or cruelty driving her to commit suicide as per S.498-A IPC -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death of deceased within 7 years of marriage - Deceased died under unnatural circumstances by burn injuries - However, prosecution has not been able to prove that deceased was subjected to cruelty soon before her death as there was no ante mortem injuries found on body of deceased - There is no mention of any mental..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 80(2), 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Second anticipatory bail application - Cruelty - Dowry death - Appellant has a child of 2-1/2 months and she has co-operated with I.O. during course of investigation - Charge against appellant has been filed and her..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Mere death of deceased being unnatural in matrimonial home, though within seven years of marriage, will not be sufficient to convict accused, who is mother-in-law of deceased u/ss 304-B, 498-A IPC...........
