Indian Penal Code, 1860, Section 498A -- Cruelty - Quashing of proceedings - Merely because FIR was lodged by way of counter blast after petition for divorce was instituted, same cannot be a ground to quash the proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of proceeding u/s 482 Cr.P.C. Court has to consider uncontroverted allegations only and cannot embark upon an enquiry or cannot dwell upon the defense taken by accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - A delay in FIR by itself will not be a ground to quash the proceedings...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against relatives of husband - Except general, vague and omnibus allegations against applicants No.3 to 7, there are no specific allegations against them - In the absence of any specific allegation against applicants 3 to 7, their..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against mother-in-law - Mother-in-law used to beat complainant and also used to pass taunts with regard to less dowry brought by her as per FIR - Allegations made against mother-in-law is sufficient for prosecution for offences in..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - Specific allegations against husband that he was harassing wife physically and mentally on account of demand of Rs.10 lacs - He was also in the habit of assaulting wife - Wife also has been turned out of her..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 39, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner is in custody since 15.6.2022 - Investigation of case is complete and challan has been presented - Out of total 17 PWs, 11 witnesses are yet to be examined - Conclusion of trial is likely to take time - Bail granted...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
