Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Suicide note - Deceased was under immense pain and suffering in her matrimonial home - Suicide note proved to be in the handwriting of deceased - There was evidence of cruelty perpetrated by accused upon deceased and there was close nexus or inter connectivity inter se perpetration of cruelty..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Death by burning - 100% burn injuries - Plea that lamp had fallen on mattress on which deceased was sleeping and she caught fire and was completely burnt - It is improbable that a person as a resulting of falling of a lamp on the mattress could be reduced to the status of 100 per cent burns - Even if she was..........
West Bengal Estates Acquisition Act, 1953, Rule 4 -- Schedule F, Clause 1A and 1B - On transfer of lease respondent company replacing original lessee in 1990 - Lease expiring in 1998 - Amendment requiring salami brought in 1994 - Respondent neither liable to pay salami up to 1998 nor any demand made - Renewal of lease after 1998, a fresh lease - Demand for period 1998..........
Indian Penal Code, 1860, Section 302 -- Murder - Benefit of doubt - If there are two views which can be culled out from perusal of evidence and application of law, the view which favors accused should be taken - High Court committed error by reversing the acquittal of accused as judgment of acquittal was not manifestly illegal, perverse and did not cause miscarriage of..........
Criminal Procedure Code, 1973, Section 306 -- Pardon to accomplice - Court committed error while rejecting application of co-accused as neither application was referred to prosecution nor comments or statements of prosecution was obtained, as application u/s 306 Cr.P.C. has not been filed by prosecution but by co-accused - Impugned order set aside - Case remitted back to..........
Criminal and civil proceeding -- Quashing of criminal proceedings - Serious allegations made against accused, particularly that one of the persons said to have executed power of attorney was minor, and another was away from India - Held, even if civil suit was instituted by complainant, High Court committed no error of law in declining to interfere with criminal..........
Constitution of India, 1950, Article 136 -- Review - Conviction and sentence - All contentions and arguments on conviction and sentence has already been dealt with detailed judgment - No error apparent on face of record or any other ground so as to warrant interference in exercise of review jurisdiction - Petition dismissed...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
