Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted by Principal Secretary Home and Vigilance is legal and valid...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Unnatural and homicidal death of deceased at her matrimonial home - Accused alone perpetrator of murder of deceased as he was present at the time of death of deceased - When presence of accused at the time of incident is proved on record, principle enshrined in S.106 of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income - Deceased was 22 years of age at the time of accident and doing tailoring, embroidery and knitting at home and was earning Rs.900/- p.m - It is not possible to monetize domestic work done by deceased house maker - It is reasonable to fix her income at Rs.3000/- p.m...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Merely by declaration of being a juvenile does not entitle a juvenile in conflict with law to be released on bail as a matter of right - If it is found that ends of justice will be defeated or that goal desired by legislature can be achieved by detaining a juvenile offender in a juvenile..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband failed to prove that wife had voluntarily withdrawn from his society rather it was due to act and conduct of husband that she was forced to leave matrimonial home under painful circumstances - Petition u/s 9 of Act preferred by husband was a counter blast to the divorce petition filed by wife -..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry Death - Abetment to suicide - Proof - Living of deceased was impossible at her matrimonial home on account of dowry demand - Deceased took extreme step of ending her life after filing of divorce petition with torturous allegations of character assassination - Deceased had no other option but to end her life -..........
Indian Penal Code, 1860, Section 363, 366A, 376 -- Rape by kidnapping minor girl - Accused is in close family relation of victim has exploited Prosecutrix when her parents were not at home - Father lodged the complaint on knowing the incident - After the incident father of Prosecutrix who was sole earning member was died - Victim apart from facing agony of being raped by..........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Cruelty in connection with dowry demand and misappropriation of dowry articles - Proof - Maternal Uncle in no way can be held as beneficiary of demand of dowry as he was not residing in matrimonial home of parties - As per compromise deed it has been proved that husband and wife have taken away all articles from..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Cruelty - Proof - Husband had turned out wife from matrimonial home many a times and wife had to be rehabilitated - Nothing on record to show as to why wife would leave her matrimonial home unless wife had compelling reasons - Wife had to take money from her father to meet the daily requirements of life as husband is..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the grounds of cruelty and desertion - Wife was harassed for bringing insufficient dowry - Wife was also taunted for not being beautiful and good looking - Husband was addicted to drugs and used to beat wife and wife was thrown out to matrimonial home - Even on birth of child nobody came to meet wife in..........
