Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint filed by transwoman - Denying a transwoman the status of `woman' for purpose of legal protection u/S.498-A IPC solely on ground of her reproductive capacity amounts to perpetuating discrimination and violates Art.14, 15 and 21 of Constitution of India...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Admittedly, the marriage between accused 1 and complainant was a love marriage - Further no allegation in complaint shows that either Accused 1 or Accused 2 and 3 subjected..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Allegation that accused 2 and 3 were sending accused 1 away from India - However, not a single allegation in complaint showed that accused 2 and 3 subjected complainant to cruelty..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Conviction based upon hearsay evidence of PW1/ informant and on the basis of photostat copies of alleged letters, completely ignoring the law that photocopy in the absence of original is not admissible - Moreover, statements regarding supplying of original letter to I.O. made by PWs were only bald statements and..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Letter issued by complainant informing about dishonour of cheque and request to give said amount immediately or complainant will have no option taking legal action against petitioner, cannot be construed as a demand notice as contemplated u/s 138(b) of the Act...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
