Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Petitioner and respondent are residing together for last 5 years in a live-in-relationship and are now getting married to each other - Materials in the form of photographs and other documents showing that they have married each other, is produced - School records of child shows that..........
Evidence Act, 1872, Section 154 -- Hostile witness - If a witness is not declared hostile by prosecution, benefit of such evidence should go to accused and not to prosecution...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Conviction can be recorded solely on the basis of a dying declaration or even on basis of an oral dying declaration - However, such dying declaration should be free from any doubt and must pass scrutiny of reliability...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Wife of deceased and PW10 stated that accused took deceased with him and he was found injured in a well after two days - There is no iota of material/evidence to show what happened during these two days - Last seen theory is weak piece of evidence and on basis of this theory alone conviction of accused..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty upon husband - Husband specifically deposed that right from first date of marriage there has been a sustained course of strange, indifferent and abnormal behavior, humiliating treatment and reprehensible conduct on part of wife and on account of this, he was convinced that it was impossible for him to continue with..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death by burning - 85% burn injuries - Deceased died due to burning within 1 year of her marriage - Soon before death of deceased she was subjected to harassment and cruelty pursuant to demands of dowry - There existed a live and proximate link between instances of demand of dowry and..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs filed three applications U.O.41.R.27 CPC during pendency of first appeal - First appellate Court discussed only two applications and third application was not decided - By not deciding third application, first appellate Court has committed material irregularity, which..........
