Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186 -- Kidnapping for ransom - Attempt to murder - Demand of ransom - Testimony of PW2 and PW14 shows that it was accused who made ransom call from mobile of PW14 to mobile of PW2 - Failure of prosecution to bring on record call detail record and not leading evidence with regard to location chart of mobile phone of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 493, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of order taking cognizance - Offence u/ss 493, 506, 34 IPC and Ss.3, 4 of 1961 Act - First complaint lodged against petitioner dismissed - Second complaint filed in which factum of renegotiation of marriage between parents of..........
Loan agreement -- Default in re-payment of loan amount - Settlement - Dispute regarding demand made under settlement - High Court erroneously quashed demand on the ground that whole issue was settled with consent and no objection was raised by Corporation/appellant - New dispute arisen out of terms of settlement, hence it had to be settled on its own merits in accordance..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Deceased died within one year after marriage - Evidence of witnesses does not disclose that accused had made any demand of dowry at any point of time - Dead body of deceased was given to accused by police - Parents of deceased had not told police that accused is person who was responsible for death..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - On perusal of evidence of PWs, it is proved that accused was addicted to consuming liquor and that he used to demand money from deceased and her parents quite often - Even, accused at times used to ill-treat and assault deceased - Acts and behavior of accused towards..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - It is not only essential to show that victim was subjected to cruelty or harassment by her husband or his relatives, but further that such cruelty or harassment was for or in connection with any demand for dowry and also that same occurred soon before her death - Emphasis..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There is presumption of dowry death u/ss 498-A and 304-B if : (a) Death takes place within seven years of marriage; (b) Death is unnatural; (c) The death is coupled with cruelty or harassment by the husband or any member of the husband's family in connection with a demand for dowry; (d) there has to be cruelty..........
Mohammedan Law -- Right of pre-emption - Presence of two persons while performing Talab-e-ishad (formal demand) is a mandatory requirement - Failure to name such witnesses in pleadings will carry an adverse inference against person seeking enforcement of pre-emptory right - Plaintiff held, not entitled to exercise right of pre-emption...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Allegation against husband of deceased - Unnatural death of deceased occurred within 7 years of her marriage - Deceased was so harassed even her father told her that she may live or die in her matrimonial home - Parents of deceased refused to take her back to..........
