Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Statement of prosecutrix in FIR is clear and specific pertaining to allegations of wrongful confinement as well as voluntary hurt by way of beatings, as was done by both accused with a common intention - In the statement, expression "common intention" need not be explicitly stated and the same..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Indian Penal Code, 1860, Section 451 -- House trespass - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she herself allowed the respondent to enter the house - Therefore, respondent did not committed the offence of house trespass - Acquittal upheld...........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she immediately ran away from her house on being sexually assaulted by accused -Accused had no time to make threat if prosecutrix had immediately left on being sexually assaulted by accused by pushing the accused -..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Mere threat given by accused not with an intention to cause alarm does not constitute an offence of criminal intimidation...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Question as to whether complaint is frivolous or not and whether it is the act of counter blast or retaliation post lodging of FIR by applicant against complainant, is a subject matter of trial, consideration whereof is not required at the summoning stage - Petition for..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of a woman - Pulling the hands of a woman by a man - That should be coupled with criminal intention of accused to constitute an offence u/s 354 IPC...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Allegation that accused was trying to outrage the modesty of victim by pulling her hands - However, statement of witnesses are vague and general from which it is difficult to infer the knowledge of accused that he is aware that he was trying to outrage the modesty of victim and did it with the intention -..........
