Indian Penal Code, 1860, Section 498A -- Cruelty - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burn injuries i.e. in unnatural circumstances, within two years of marriage - Death in matrimonial house - Demand of motor cycle established - However, complete lack of evidence of harassment or torture for non fulfillment of demand of motor cycle - One of the important ingredients to prove..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323 -- Anticipatory bail - Cruelty - Refusal on part of husband to take wife back to matrimonial home, indicates that husband did demand dowry and because the same was not met she was turned out of matrimonial home - Bail rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Criminal Procedure Code, 1973, Section 177, 178, 179, Indian Penal Code, 1860, Section 498A -- Jurisdiction - Cruelty - Due to mental cruelty wife living in a different city - Not a continuing offence - Court at the place where wife is living has jurisdiction only when there is specific case of physical or mental torture at the place where she is living...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Period of marriage - 7 years or 10/11 years - Mother of deceased deposing as 7 years whereas other witnesses deposing as 10/11 years - When there is varying evidence on a single fact then interpretation of evidence has to be in such a way as to be in favour of accused - Moreover, PWs had virtually given..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by hanging - Mother of deceased stated that during negotiations of marriage of deceased, there had never been any demand of dowry from accused persons - Deceased and accused never visited house of mother of deceased after their marriage - If this is the evidences coming from mother of deceased..........
Criminal Procedure Code, 1973, Section 437(2), Indian Penal Code, 1860, Section 498A -- Grant of bail - Offence u/s.498-A IPC - Held, even though S.437(2) Cr.P.C. gives power to Magistrate to provisionally release an accused in certain situations, it does not cover cases instituted u/s.498-A IPC - Therefore, whenever Magistrate attempts to reconcile dispute of such nature..........
Indian Penal Code, 1860, Section 304B, 498A, 120B, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Material on record shows that it was an accidental burn injuries caused to deceased by her own negligence without any role played by accused persons - All PWs are inconsistent with the period of marriage and demand of dowry - Their testimony is not..........
