Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC can be filed at any stage of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings on record that plaintiff failed to prove its case based upon sale deed - Plea of typographical mistakes in plaint not tenable, as there was enough time for plaintiff to move appropriate application to do needful, which admittedly was not done - Findings retuned by..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment would not amount to an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Mere allegation of general harassment against creditors for recovery of their money without any specifics or details of such harassment, would not amount to abetment of suicide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Registration of other cases against accused cannot be taken to be as sole material consideration for the purpose of declining relief of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against accused of neglect and refusal to take up responsibility for treatment of child of complainant/wife would not fall within ambit of S.498-A. IPC..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - No allegations in complaint or in charge sheet that criminal force has been used or an assault had been made against complainant with intention of outraging modesty of complainant - I.O rightly dropped provision u/s 354 IPC - Order taking cognizance of offence u/s 354 IPC by Magistrate quashed...........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
