Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - 75 years old husband and 67 years old wife living separately due to differences - Considering age of wife, old age pension of Rs.2,000 pm would not be enough even to meet her medical expenses - Wife is suffering from problem in her ears and is having knee pain - Argument that wife must have..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Suspension of sentence during pendency of appeal filed against conviction - Offence u/s 21(c) of NDPS Act - Petitioner sought suspension of sentence on medical condition - Doctor who examined petitioner in jail suggested that petitioner needs a better..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix suppressed some material fact regarding her kidnapping and rape, as she never made any protest or alarm while travelling along with accused to different places nor she made any protest when she was voluntarily going on foot with accused to marry him - House inmates..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Application for medical test of wife filed by husband - Family Court has power to direct a party to appear before a medical board to undergo medical examination if Court is satisfied that a real ground exists to direct a party in case before it to undergo medical examination - Question of..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Application for medical test of wife filed by husband - Factum of wife's alleged mental disorder is an issue to be decided in case itself - Opinion of medical board regarding mental condition of wife may be of utmost importance for granting or rejecting a prayer for decree of divorce - Even..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Limitation -- Extension of limitation due to COVID-19 pandemic - Order dated 15.03.2020 extending limitation in filing petitions/applications/suits/appeals/all other proceedings was extended from time to time - Since order dated 15.03.2020 has served its purpose as such extension of limitation will come to an end with the directions, viz. (i) In computing the period of..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Two dying declarations - Murder of wife by husband - Deceased in her second dying declaration categorically stated that at the time when she gave first statement that it was a case of accident, she was given threats by accused that he will kill her children also - She also stated in second..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Prosecutrix stated that while she was going to school, accused had forcefully taken her to a jungle - However, medical report of prosecutrix shows that there was no sign of recent sexual violence found on her body except some abrasions over back elbow and left scapula - No other marks of force of..........
