Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty has to be pleaded and instances with reference to time, place and manner of occurrence are required to be incorporated therein - If these ingredients are not pleaded and proved, no inference of cruelty can be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Simplicter leaving the house is not desertion unless and until animus deserendi is proved - Separate living and separate living with an intention to never return back to matrimonial home are the ingredients to prove desertion...........
Indian Penal Code, 1860, Section 420 -- Essential ingredients of the provision of S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security, and (iii) mens rea of the accused at the time of making the..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust & cheating - Non-payment of bill amount pertaining to contract between parties does not amount to criminal breach of trust - Moreover, there are no allegations as to cheating or dishonest intention of appellants in retaining money in order to have wrongful gain to themselves or causing wrongful loss to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - If one of essential ingredients of S.304-B IPC is proved that death of women was caused by burns, it is not necessary for prosecution to prove that death occurred otherwise than under normal circumstances as death due to burns comes under otherwise then under normal circumstances...........
Indian Penal Code, 1860, Section 419 -- Impersonation - Offence u/s 419 IPC is complete only when impersonation is coupled with cheating - Ingredients of provision of S.419 IPC not complete as petitioner is not shown to have derived any benefit for themselves or for anybody else in whom they might be interested - FIR along with consequential proceedings quashed...........
Indian Penal Code, 1860, Section 304 -- Dowry death - Prosecution failed to bring on record any evidence to suggest that death of deceased was caused by burns or any bodily injury or otherwise than under normal circumstances - Rather defence was able to prove that deceased was suffering from Pneumonia by producing qualified doctor who had examined the deceased prior to her..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 499 IPC - Trial Court after considering the allegations made in complaint and statement recorded on oath came to conclusion that prima facie a case is made out for summoning the appellant and case was taken on file - If on consideration of the allegations the complaint is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Essence of desertion, forsaking, an abandonment of one spouse by the other without reasonable cause or without the consent or against the wish of the other is necessary - Desertion is "a withdrawal not from spouse, but from state of things" - Essential ingredients that may furnish a ground for relief are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
