Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
Mutation -- Does not confer any right, title or interest on a person - Mutation in the revenue records is only for fiscal purposes...........
Civil Procedure Code, 1908, Section 145 -- Surety - S.145 CPC specifically empowers Executing Court to execute decree against a person who has become liable as a surety for performance of decree - For this purpose, such surety is deemed to be a party to proceedings and execution can be levied against him to the extent of his liability under bond...........
Interpretation of statue -- Any provision of law or rule framed under a statute prescribing penal consequences, has to be strictly construed for conditions, that can trigger such a clause, must be flowing from the words employed therein - When such a rule presents any ambiguity, interpretation which favours the person sought to be penalised, is to be preferred...........
Criminal trial -- Castigating remarks by Court - Opportunity of hearing - Before any castigating remarks are made by Court against any person particularly when such remarks ensure serious consequences on future career of person concerned he should be given opportunity of hearing in matter in respect of proposed remarks or structures...........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been residing separately since 2012 which is more than thirteen years now and no substantial or meaningful effort has been made in restoring their matrimonial relationship - Every endeavour was made to explore possibility of reconciliation or alternatively an amicable separation, however, given..........
