Indian Penal Code, 1860, Section 498A, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Father-in-law, brother-in-law and sister-in-law of complainant - No direct and specific allegations against petitioners that they had given beatings to complainant or demanded any dowry article or misappropriated stridhan - Complainant failed..........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Contention that crime no. mentioned in Articles sealed on the spot, creates a serious doubt that recovery proceedings were taken out on the spot - However, all three packets were produced and again sealed at police station - Evidence on record thus, shows that..........
Eviction Order -- Appeal against ejectment order - Dismissal of - Challenge as to - Landlord sought demised premises for personal necessity and said fact could not be shattered during cross-examination - Nothing on record brought by petitioner/tenant to show that landlord had not approached court with clean hands - Therefore, order of ejectment found to be proper and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Recovery of 38 kg Ganja - Female accused - Nothing on record that female accused was searched by any female officer - Search conducted in violation of S.50(4) of the Act - Nothing on record to establish charges against accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband challenged the paternity of two children born from out of marriage of parties - However, no evidence led by husband that children were not born from out of marriage of parties - Husband never applied for getting DNA of both the children - On the other hand various documents are..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed - Reconstruction of record not possible - Even retrial not possible - Accused acquitted...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
