Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Motor Vehicles Act, 1988, Section 166, 140 -- Accident - Compensation - Mother of deceased was aged about 70 years at the time of accident of her daughter - She was solely dependent on deceased as she lived with her and had no independent income - There is no evidence on record to rebut the same - Even if it is assumed that mother of deceased was not dependent on deceased..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Provision enables Court to summon additional persons as accused based on material emerging from evidence recorded...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Criminal trial -- Polygraph test - Admissibility - Polygraph test results are inadmissible in evidence and have no probative value unless independently corroborated by admissible material - Any reliance upon such inadmissible material to draw adverse inference against PW is manifestly erroneous...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is not to undertake a detailed evaluation of evidence or return conclusive findings - However, a prima facie assessment is warranted to determine whether continued incarceration is justified...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Apart from statements of complainant and her father, there is no evidence to substantiate allegations of harassment and acts of cruelty - Were allegations of harassment, physical assault and miscarriage are made and there were no medical examination conduced by..........
