Hindu Marriage Act, 1955—Section 5—Prohibition of Child Marriage Act, 2006—Section 3—Code of Criminal Procedure, 1973—Section 482—Annulment of first marriage—Appeal against order of High Court—Determination of—There was no material placed on record by complainant to justify bald allegations which were made in complaint—On the basis of which FIR registered—There was not prima facie foundation to support the nature of allegations which were made—No offence of any kind as has been alleged in FIR—Criminal proceedings quashed and set aside—Appeal allowed. (Paras 18 to 21) ...
(A) Penal Code, 1860—Section 498-A, 304-B and 306—Conviction by Sessions Court u/s 304-B and 306—Setting aside by High Court—Appeal against the same—The deceased was brought in a severely burnt condition from her matrimonial home to the Health Care Centre—The witness was consistent in his deposition that he used to give money to his deceased niece and her husband—The trial Court has correctly interpreted the demand for money—The High Court fell into an error by holding that the demand of money for construction of a house cannot be treated as a dowry demand—The had occurred on account of the deceased dowsing kerosene oil and setting herself on fire—On being persistently hounded with the repeated demands for money made on her which her family could not fulfil, the hapless deceased ...
Dowry Prohibition Act, 1961—Sections 3 and 4—Indian Penal Code, 1860—Sections 498-A, 323, 504, 506 and 304-B—Code of Criminal Procedure, 1973—Section 482—Appeal against order of High Court—When appellants have filed quash petition—It was disposed of by impugned order directing the appellant to surrender before Court below and apply for grant of bail—Same was directed to be considered in accordance with law—Validity of—There was an allegation of causing injuries—Ligature mark around the neck—Cause of death is shown as asphyxia—No specific allegations disclosing involvement of appellant to prosecute them for offence alleged—Impugned order passed by High Court set aside—FIR quashed—Appeal allowed.(Paras 5, 12 and 13) ...
Penal Code, 1860 (IPC)—Section 302, Section 304B, Section 498A—Evidence Act, 1872-Section 32—State appealed for a conviction under Section 302 IPC as well—The High Court dismissed the appellant's appeal, allowed the State's appeal, and convicted the appellant for murder—Despite witnesses not supporting the prosecution, the court relied on three dying declarations—The appellant's counsel argued that the dying declarations contained improvements and attempted to implicate the appellant's father, who was acquitted—However, the court found the first dying declaration to be genuine, where the victim accused her husband of setting her on fire—As there was no reason to discard this declaration, the appellant's conviction was confirmed, and the appeals were dismissed. ...
Constitution of India, 1950—Article 16—Supreme Court hears an appeal against a High Court directive to consider a petitioner, claiming dependency on his deceased ex-serviceman father, for a State Government job reservation—The appellant, Haryana Public Service Commission, contends that gainful employment disqualifies one as a dependent—The respondent had worked as a Civil Engineer, rendering him independent—Despite a dependency certificate, issued before his employment, the Court rules that reservation aims to aid those truly dependent, not gainfully employed individuals—Upholding the Commission's interpretation, the Court dismisses the petition, aligning with the reservation policy's intent—The appeal is allowed, and no costs are awarded. ...
Madhya Pradesh Industrial Relations Act, 1960—Section 8, Section 8(3)(c)—Madhya Pradesh Public Service Commission appealed against a High Court judgment regarding the validity of its decision to raise the practice period for Advocate applicants from five to seven and a half years for Presiding Officer positions in Labour Courts—Despite statutory requirements of five years, the Commission called only those with seven and a half years for interviews, prompting writ petitions—The High Court ruled the Commission's action violated statutory criteria and ordered either interviewing all five-year applicants or screening them through a test—The Supreme Court held that short-listing candidates for interview is a part of the selection process, not altering criteria, as long as it aids selection fairly—It cite...