Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 118(1), 351(2), 118(2), 191(3), 190 -- Bail - Offence u/ss 115(2), 118(1), 351(2), 118(2), 191(3), 190 BNS - Petitioner is behind bars from the last 2 months and 30 days - Investigation is complete - Final report u/s 173 Cr.P.C. was presented before concerned Court -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 395, 412, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 395, 412, 201, 120-B IPC and S.25 of Arms Act - Petitioner is behind bars for the last 5 months and 17 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before concerned Court - Charges..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death was suicidal is very clear from expert evidence - Demand of dowry was not proved by prosecution - Brother and father of deceased admitted in their deposition that they had not personally witnessed any physical violence on deceased - Father of deceased also deposed that accused/son-in-law was quite aware of his..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - While entertaining a plea u/s 457 Cr.P.C., criminal Court is only supposed to examine as to which party is best entitled to get back possession - Ownership may be one aspect but another aspect would be entitlement of retaining the possession...........
Criminal Procedure Code, 1973, Section 275(4) -- Testimony of witness - Drill of S.275(4) Cr.P.C is mandatory in nature and non-signing of deposition of witnesses by a Magistrate would be fatal to the case of prosecution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Law never appreciates those wives, who remain idle only to saddle liability of paying maintenance on husband by not working or not trying to work despite having proper and high qualification...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Well educated wife - Wife can support herself financially by doing a suitable job - Wife was doing job earlier - Wife was jobless at the time of filing of application for grant of maintenance but she was having definite prospect to work and earn her livelihood - Taking into consideration that husband has a..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - None of ingredients required in law to make out a case u/s 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record - Utterance attributed to appellants assuming it to be true cannot be said..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
