Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Accused demanded Rs.1000/- after six months of marriage and Rs.5,000/- six months later - On both occasions accused got money from his father-in-law - Thereafter for two years there had been no demand of dowry or a demand for anything resembling dowry - This is not a type of demand within meaning of S.498-A -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 498A, 406 -- FIR u/s 498-A and 406 IPC - Husband and wife settled dispute and sought divorce by mutual consent - FIR quashed as it is in the interest of justice and in the interest of parties...........
Indian Penal Code, 1860, Section 498A, 406 -- Proceedings u/s 498-A and 406 IPC - Wife alleged to be an enunch - Medical examination of wife sought - Held, question regarding womanhood of wife is not necessary and relevant in proceedings u/s 498-A and 406 IPC - This question may be relevant in matrimonial proceedings - Application rightly rejected by trial Court...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- FIR u/ss 498-A, 406 IPC - Jurisdiction - Demand of dowry - Wife shunted out of matrimonial home - Wife started living with her parents - No subsequent demand of dowry - Offence is not continuing one when there is no subsequent demand of dowry while wife started living with her parents..........
Indian Penal Code, 1860, Section 306, 498A -- Concurrent findings of fact - Demand of dowry and harassment proved - Plea that accused had sufficient resources in bank not accepted for valid reasons by courts below - Conviction upheld...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, 201, 34 -- Offence u/s 498-A, 304-B, 201/34 - Cognizance taken by Magistrate - Petition to quash proceedings against petitioner - Case against other accused except husband of victim ended in acquittal - Statement of witnesses u/s 161 Cr.P.C. and depositions before Court and judgment of..........
Indian Penal Code, 1860, Section 498A, 406 -- Acquittal - Appeal against - Order is appealable by State - Revision by complainant - No criminal revision in respect of an order which is appealable at the instance of the State can be entertained except in exceptional cases where there is manifest error on a point of law and consequently there is a flagrant miscarriage of..........
Indian Penal Code, 1860, Section 498A, 304 -- Second marriage during subsistence of first marriage - Such a husband comes under purview of S.304-B and 498-A IPC if he commits cruelty etc. - He assumes status of husband and commits cruelty under the colour of status of husband...........
Indian Penal Code, 1860, Section 498A, Hindu Marriage Act, 1955, Section 5(i), 11, 16 -- When the fact of celebration of marriage is established it will be presumed in the absence of evidence to the contrary that all the rites and ceremonies to constitute a valid marriage have been gone through...........
