Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Misappropriate of Stridhan property - Commission of offence - It is a question of fact and no finding can be given by invoking inherent jurisdiction of Court...........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To prove offence u/s 306 IPC, prosecution is under an obligation to prove ingredients of S.107 IPC...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Illicit affair of husband - Allegation that wife committed suicide due to illicit relationship of husband with his sister-in-law - However, sister-in-law of husband is residing separately - No neighbour of locality where parties residing came forward to say that there was ever any illicit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of proceedings - Offence u/ss 498-A, 406 IPC - Complainant only citing incidents of unhappiness with her husband/accused - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Uncontroverted allegations against accused do not disclose..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506, 384, 120B -- Anticipatory bail - Abetment of suicide - Hapless deceased pushed to such corner by such mental pressure that he was compelled to commit suicide - Abetment in committing suicide by deceased is prima facie apparent on the face of allegations levelled against accused - Bail..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Unchaste wife - Wife convicted and sentenced for murder of her own son in order to screen her illegitimate relationship with her paramour - Factum of wife being unchaste proved on record - Petition for divorce filed by husband only after conviction of wife, therefore, in such situation, provision in terms of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had just and reasonable cause to reside separately from husband, as he was suspecting her character and was also treating her with cruelty for which she lodged FIR u/s 498-A IPC, which was later on compromised - Since there is no finding that FIR was false but parties entered..........
Indian Penal Code, 1860, Section 493, 496, 420, 376 -- Offence u/ss 493, 496, 420, 376 IPC - Framing of charge - Prosecutrix aware of accused's subsisting marriage - Marriage between prosecutrix and accused was impossible as it was prohibited by law because both were having subsisting marriages when they entered into a relationship, which is nothing more than extra martial..........
