Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Husband and in-laws demanded dowry from the date of marriage itself - Wife was beaten by husband and her in-laws - Allegations of marpeet is on record - But no medical reports have been filed - I.O conducted investigation and proved the documents on record - It is..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
Criminal Procedure Code, 1973, Section 244, 246 -- Warrant case otherwise than on police report - Pre charge evidence should be recorded by trial Court - Order to frame charge straightaway in the absence of pre-charge evidence set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
