Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Failure to disclose sufficient ground for withdrawal of suit - Order allowing withdrawal of suit set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Capacity to advance loan - As per Income tax return declared income was not sufficient to give loan of Rs.3 lakhs - Defence raised by accused satisfies the standard of `preponderance of probability' - Judgment of acquittal passed by trial Court confirmed and judgment of conviction by..........
Indian Penal Code, 1860, Section 308, 323, 504, 506, 147, 148, 149 -- Offence u/ss 308, 323, 504, 506, 147, 148, 149 IPC - Allegation that accused persons assaulted injured with lathi, danda and butt of country made pistol causing head injury - At the stage of framing charge, test of prima facie case has to be applied - Since, there is sufficient ground to frame charge in..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused assaulted deceased with an iron locking plate without any provocation and premeditation - There was no motive and over act attributed to accused - Factum of prior treatment of accused is not in dispute which is corroborated by AW2 on more than one occasion - Report of Government Doctor AW1 is..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband according to wife has sufficient landed property and earns Rs.30,000/- per month and said fact not denied by husband either in his written statement or in his evidence - Maintenance of Rs.5000/- p.m. to wife and daughter rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Agreement to sell -- Specific performance - Readiness and willingness - Non production of pass book and/or bank account to prove of having cash and/or amount and/or sufficient funds/means to pay balance sale consideration - Unless plaintiff was called upon to produce pass book either by defendant or Court orders him to do so, no adverse inference can be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties are staying separately since long - False allegations were leveled by wife against husband regarding second marriage performed by husband - Wife was constantly harassing husband to live separately from his parents - It was the wife who left matrimonial..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
