Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It..........
Indian Penal Code, 1860, Section 380, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 392, 427, 506, 323 -- Dismissal of complaint - Validity - Court below has not discussed evidence to show that there is no sufficient ground for proceeding against accused person - Statement of complainant u/s 200 Cr.P.C. and statement of witnesses u/s.202 Cr.P.C. are unrebutted - There is no cross..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 504, 506 -- Second bail application - Can be filed on fresh ground or in changed circumstances - In present case, no fresh ground shown - Only point for considering second bail is that applicant is in jail since 08.07.2008 - Held, mere long incarceration cannot be ground for granting..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 506 -- Summoning order - Quashing of - Dispute between husband and wife because of which proceeding u/s 498-A IPC and 125 CrPC was initiated by wife against her husband and entire family - Wife has not deposed against two applicants i.e. "Jeth" and "Devar" at any earlier point of time -..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406, 498A,506 -- Jurisdiction - Offence u/ss 406, 498-A, 506 IPC - Marriage solemnized at place `J' and entrustment also took place at the same place - Thus the cause of action arose at place `J' - Held, Court at place `J' has got jurisdiction...........
Indian Penal Code, 1860, Section 406, 498A,506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A, 506 IPC - Statement of CW-4 regarding payment of cash amount by accused, maltreatment, harassment, physical and mental torture suffered by her at the hands of accused - Held, trial Court has considered and appreciated each and every aspect of the matter..........
