Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Civil Procedure Code, 1908, Section 34 -- Suit for recovery on the basis of dishonoured cheque - Interest - Considering prevailing rate of interest in banking transactions, grant of interest at the rate of 6% from the date of suit till realisation would be reasonable and justified...........
Civil Procedure Code, 1908, Section 21 -- Suit for recovery on the basis of dishonoured cheque - Jurisdiction - Cheque was presented and dishonoured within the jurisdiction of trial Court, as such trial Court had territorial jurisdiction to entertain the suit...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Challan presented without FSL Report - FSL Report not even filed on 180th day - Challan will be deemed to be an incomplete one - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Absconding accused - No universal rule that in each and every case of acquittal of co-accused, case against an absconding accused has to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Absconding accused - No universal rule that in each and every case of acquittal of co-accused, case against an absconding accused has to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While considering prayer of an accused for quashing of proceedings in exercise of power u/s 482 Cr.P.C, where chances of conviction of accused is bleak, delay in approaching Court may not be a ground for rejecting application if High Court is satisfied that allowing proceedings to continue will be an..........
