Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false repeated criminal complaints against husband, his parents and sister, itself would constitute cruelty on husband and his family members - Divorce rightly granted...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 323 -- Sexual assault on girl by her father - Mother of victim had not chosen to give a complaint even though appellant is said to have committed grave offences when victim was aged 4 years, 8 years and after she attained puberty - She lodged a complaint of assault on..........
Criminal Procedure Code, 1973, Section 195 -- False evidence - Provision contained in S.195 Cr.P.C is not attracted to an offence of giving false evidence before Arbitral Tribunal...........
Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Promise to marry - Promise to marry, without anything more, will not give rise to misconception of fact u/s 90 IPC - However, position will change if it is shown that accused, with view to elicit assent of victim, gave false promise of marriage without having intention or inclination to marry her, made victim submit..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - At the preliminary stage of investigation, Court is not inclined to embark upon a detailed appreciation of facts or evidence - Veracity of allegations of forgery, fabrication and use of false notarial seals is a matter for investigation and if warranted, trial...........
