Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients are : (i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so induced should be intentionally induced to deliver any property to any person or to consent that any person shall retain any property, or (b) the person so induced should be intentionally induced to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 23 -- Eviction of son - Property of parents - Son admittedly manhandled his parents for which Criminal cases u/ss 323, 341, 504, 506, 34 IPC is registered against him - He therefore, cannot be permitted to stay in property - Son rightly evicted...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted -..........
Indian Penal Code, 1860, Section 441 -- Criminal trespass - To constitute essence of offence of criminal trespass u/s 441 IPC basic ingredient is intention and not simple occupation after service of notice to vacate - In all these cases, bonafide claim advanced by tenant has to be carefully considered before taking cognizance...........
Indian Penal Code, 1860, Section 302 -- Double murder - Death sentence - Reduction of sentence - It is a case where young couple has been killed by accused in brutal and cruel manner - Though crime committed by accused persons is serious and heinous but still it is not a case, which falls within the category of rarest of rare cases, hence, death sentence awarded to accused..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Death sentence - Accused specifically stated that he denied proper legal assistance in the matter and he is a manhole worker aged about 50 years - There is no finding recorded by Courts below to the effect that there is no possibility of reformation of accused - Reasons assigned by trial Court as confirmed by..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal cases by wife - Act of wife in filing complaint u/s 498-A IPC and supporting her mother in complaint u/s 394 IPC are serious acts of mental cruelty, particularly when such acts are baseless and not substantiated - Divorce granted to husband...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........