Guardians and Wards Act, 1890, Section 7, 10, 12 -- Custody of minor child - Claimed by father - Mother of child died in matrimonial home and a case u/ss 304-B, 34, 506 IPC was registered against father - Though subsequently father of child found innocent in investigation and cancellation report was accepted by Court - Moreover, mere fact of registration of criminal case..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise between parties - Wife having taken benefit under the compromise not coming forward to get her statement recorded to quash FIR - Wife cannot be permitted to back out of compromise - Proceedings under the FIR deserve to be quashed - FIR and all subsequent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Anticipatory bail - Cheating - Misappropriation of Government money - No material on record that accused had actively connived with co-accused in causing loss and misappropriation of crores of rupees - Even there is no proof..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Reduction of sentence - Accused are first offenders - Previous conviction of accused is neither alleged nor proved by prosecution - Accused undergone sentence of 8 months and 19 days each, including remissions - No useful purpose would be served by keeping accused behind bars - Sentence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Cheating - Allegation that petitioners being upper grade clerks prepared mark sheets by forging father's name of a person - However, these things would require proper trial to be conducted on basis of..........
Indian Penal Code, 1860, Section 304A, Drugs and Cosmetics Act, 1940, Section 18C, 27B -- Medical negligence - Blood transfusion - Failure to obtain opinion of an independent doctor - Postmortem report does not show that death occurred due to transfusion of blood - The only negligence that could be attributed to accused is that they carried out blood transfusion in..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel and altercation took place between accused and deceased on the issue of accused assaulting his minor children - Weapon used by accused was a natural agricultural apparatus - It is difficult to attribute any pre-meditation or intention to cause death of deceased - Accused assaulted deceased by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous consensus of minds of persons participating in criminal act to bring about a particular result which consensus can even be developed at the spot...........
