498a ipc proceedings – MyNation KnowledgeBase

SC: Can the court infer the accused’s intent to commit Murder if they claim the Right of Private defence under their Statement u/s 313 of CrPC?

Posted on 09/09/202409/09/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 211 of 2023 Decided On: 03.03.2023 Premchand Vs. The State of Maharashtra Hon’ble Judges/Coram: S. Ravindra Bhat and Dipankar Datta, JJ. Citation: MANU/SC/0209/2023. Read full Judgment here: Click here

SC: Under Which circumstances the court can entertain Second criminal complaint against accused after dismissal of first complaint?

Posted on 09/09/202409/09/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 836-841 of 2023. Decided On: 17.03.2023 Cardinal Mar George Alencherry Vs. State of Kerala and Ors. Author: Bela M. Trivedi, J. Dated: MANU/SC/0260/2023. 1. Leave granted in SLP (Crl.) Nos. 2849-2854 of 2022. 2. All these matters…

Under which circumstances the high court can direct trial court to frame additional issues?

Posted on 09/09/202409/09/2024 by MyNation Leave a comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13144 OF 2022 NAMDEV PANDURANG SHINDE VS THE COLLECTOR, AURANGABAD AND OTHERS CORAM : NITIN B. SURYAWANSHI, J. DATE : 16th JUNE, 2023 1. By this petition filed under Article 227 of…

SC: Whether the court can reject plaint if plaintiff has not claimed appropriate reliefs?

Posted on 09/09/202409/09/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4221 of 2023 SAJJAN SINGH Vs JASVIR KAUR ORS. Dated: 06th July, 2023. 1. Leave granted. 2. Heard the learned counsel for the appellant as also the learned counsel for the respondents and perused…

SC: Whether the court can hold that the accused caused the death of the victim by accident by relying on his statement made immediately after the incident as res gestae?

Posted on 09/09/202409/09/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2390 of 2010 Decided On: 17.07.2023 Arvind Kumar Vs. State of NCT, Delhi Hon’ble Judges/Coram: Abhay Shreeniwas Oka and Rajesh Bindal, JJ. Citation: MANU/SC/0772/2023. FACTUAL ASPECTS 1. By this appeal, the Appellant-Accused has taken an exception…

Can the family court direct, upon the wife’s request, the production of hotel details and call details of her husband to prove his adultery, or can the husband claim the right to privacy?

Posted on 08/09/202408/09/2024 by MyNation Leave a comment

IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 64/2023, CM APPL. 2082/2023 (stay) CM APPL. 6247/2023 SACHIN ARORA Vs MANJU ARORA . CORAM: HON’BLE MS. JUSTICE REKHA PALLI Date of Decision: 10.05.2023 1. The right of privacy claimed by the husband vis-à-vis the…

SAMPLE APPLICATION UNDER SECTION 125 OF CrPC – FOR DISMISSAL OF MAINTENANCE APPLICATION

Posted on 08/09/202408/09/2024 by MyNation Leave a comment

THIS SAMPLE APPLICATION GIVES AN IDEA OF OPs WRONG MOVES TO COUNTER AND WITH REFERENCE JUDGMENTS. IN THE COURT OF HONLBL SENIOR CIVIL JUDGE OF XXXX (ACJM) CLASS CASE BETWEEN 1. XX.XXXXXXX (A1) / Petitioner AGE 34 YEARS OCC/ ENGINEER R/O MUMBAI MAH AND 1….

Whether a person can file second suit simply by filing withdrawal pursis in first suit?

Posted on 08/09/202408/09/2024 by MyNation Leave a comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2459 OF 2023 Vijay L. Pawar Anr Vs Brihanmumbai Municipal Corporation Coram : Sharmila U. Deshmukh, J. Date : July 20, 2023. 1. Heard. 2. The challenge in the Petition is…

Under which circumstances the court can permit plaintiff to file a Replication?

Posted on 08/09/202408/09/2024 by MyNation Leave a comment

IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (El. Pet.) No. 119 of 2022 and El. Pet. No. 6 of 2022 Decided On: 14.03.2023 Nahakpam Indrajit Singh Vs. Sheikh Noorul Hassan and Ors. Hon’ble Judges/Coram: M.V. Muralidaran, Actg. C.J. Citation: MANU/MN/0055/2023. 1. This application…

SC: FIR is a public document U/S 74 Evidence Act; injured person’s statement recorded as FIR can be treated as dying declaration

Posted on 07/09/202407/09/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1726 OF 2015 HARENDRA RAI …APPELLANT(S) VERSUS THE STATE OF BIHAR & ORS. …RESPONDENT(S) JUDGMENT VIKRAM NATH, J. 1. Everything was going as per the plan and wish of the main accused Prabhunath Singh,…

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Tag: 498a ipc proceedings

SC: Can the court infer the accused’s intent to commit Murder if they claim the Right of Private defence under their Statement u/s 313 of CrPC?

SC: Under Which circumstances the court can entertain Second criminal complaint against accused after dismissal of first complaint?

Under which circumstances the high court can direct trial court to frame additional issues?

SC: Whether the court can reject plaint if plaintiff has not claimed appropriate reliefs?

SC: Whether the court can hold that the accused caused the death of the victim by accident by relying on his statement made immediately after the incident as res gestae?

Can the family court direct, upon the wife’s request, the production of hotel details and call details of her husband to prove his adultery, or can the husband claim the right to privacy?

SAMPLE APPLICATION UNDER SECTION 125 OF CrPC – FOR DISMISSAL OF MAINTENANCE APPLICATION

Whether a person can file second suit simply by filing withdrawal pursis in first suit?

Under which circumstances the court can permit plaintiff to file a Replication?

SC: FIR is a public document U/S 74 Evidence Act; injured person’s statement recorded as FIR can be treated as dying declaration

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