Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
Indian Penal Code, 1860, Section 324, 326, 34 -- Voluntarily causing grievous hurt - Common intention - Specific over act attributed against A1 and A2 - It is spontaneous reaction that A1 and A2 independently in course of argument attacked injured `M' and others - Except contradictory version of PW1 and PW3, there is no material to show that A3 shared intention to cause..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 387, 420, 506, 34 -- Bail - Rape - Admittedly, complainant is a grown up mature lady and had volunteered into this relationship over a long period of time - Culpability, if any, shall be determined at the trial which is not likely to conclude in the near future - Petitioner is behind bars..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right, title or interest upon the..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34 -- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from the office..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Father executed Will in favor of second wife - Same was duly accepted by plaintiffs being step children - Merely because property originally belonged to father of plaintiffs, it cannot be a ground to decree their suit...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
