Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific instance of misbehavior, misconduct, abuse etc. committed by wife disclosed in evidence of husband - Statement of husband without any detail and corroboration that attitude of wife was not good or that she was abusive towards him and his parents or that she was staying with..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Accused are specifically named in the dying declaration recorded by Magistrate and it is specifically stated that they poured kerosene on her - Magistrate was examined as PW6 and nothing is on record with regard to any allegation against Magistrate to the effect that he..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Description of ornaments given at the time of marriage hand written - No signature of a witness on it - Not clear as to who prepared this list and who has hand written the ornaments described in the list - List not duly proved as per provisions of Evidence Act - There is no cogent and sufficient..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 1025 kgs Ganja - Non-joining of independent witnesses - Recovery was made at night and due to pandemic prevalent at that time and seclusion, no public witness could be secured - Moreover, evidence of a public officer cannot be thrown on the ground that he is a police officer -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 465, 467, 468, 471 -- Bail - Offence u/ss 406, 420, 465, 467, 468, 471 IPC - Complainant alleged that petitioner showed him original letter of intent from GMADA in his favour and therefore he entered into agreement to sell, paid earnest money - FIR registered by petitioner against said..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
