Indian Penal Code, 1860, Section 302, 34 -- Murder - Solitary eye witness to the incident - PW1/sole eye witness related to both deceased and accused - Incident occurred during the mid night and PW1 stated to have witnessed the incident - However, PW1 did not utter a sound or make a shriek or raise any alarm either to prevent the occurrence or to muster assistance from..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........
Malicious prosecution -- Plea to be specific and particular - No specific allegation against any particular person neither any person is made party to the petition - Adequate pleading and proof qua party against whom mala fide alleged sine qua non for consideration of question of malice in fact...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Domestic Violence - Shared household - Right of residence - House in question owned by mother-in-law - Husband having right in property sold his share to his maternal aunt, without consideration just to defeat right of wife - Wife has no source of income - Husband is duty bound to provide shelter..........
Indian Penal Code, 1860, Section 307, 323, 34 -- Attempt to murder - FIR lodged after more than 2 months and 18 days of incident - Lame explanation given by complainant that accused threatened to kill him - However, complainant was gaining time to create evidence so as to implicate accused in this patently false case - Plea put forth by complainant in belated FIR and in..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Accused intentionally poured kerosene on deceased and set her on fire - Even at that stage, there was absolutely no remorse so far as accused is concerned in trying to save deceased - On the contrary he ran away from scene of offence - Plea of accused that incident happened in a..........
Evidence Act, 1872, Section 106 -- Fact within knowledge of a person - Burden of proof - Dowry death - Plea taken by husband that trespassers entered their house and caused head injuries to his wife which resulted into her death - Onus to prove said fact is upon appellant...........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plea of res judicata has to be specifically and expressly raised - Foundation of plea of res judicata must be laid in pleadings - If this was not done, no party would be permitted to raise it for first time at the stage of appeal...........
