Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Reduction of sentence - Deceased committed suicide by hanging - There was no injury marks on the body of deceased - Sentence of life as awarded by trial Court is very harsh - Sentence reduced to period of 10 years u/s 304-B IPC and since sentence u/s 498-A IPC..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Plaintiffs in a suit challenging revocation of respective licenses, cannot be permitted to challenge respective mortgages/charges created on entire premises as void ab-initio by way of amendment - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff cannot be permitted to join any party as a defendant who may not be necessary and/or proper party at all on the ground that plaintiff is dominus litus...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Revocation of license is subject matter of respective suits - Plaintiff by way of amendment want to challenge mortgages/charges on entire premises created by defendant - Original plaintiffs being licensee are aware that there shall be charges/mortgages on entire premises, now..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
