Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lived with husband for around ten days after marriage - She deserted him and was residing separately since 2016 i.e. for last almost ten years - Wife has admitted in her cross-examination that much time had passed since their marriage and they were not in touch with each other and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Conviction u/s 120-B IPC cannot be sustained in the absence of substantive evidence of any conspiracy or meeting of minds between accused and co-accused...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere allegation that an act was done on behalf of another, without any concrete material to establish a prior meeting of minds or common design, cannot suffice to sustain a charge u/s 120-B IPC - Law demands a higher threshold of proof to establish existence of a criminal conspiracy...........
Will -- Due execution - Will was prepared as per instruction of Testatrix - Attesting witnesses deposed that testatrix had a meeting with them about 10-15 days before execution of Will, where she had expressed her intention to execute Will - It cannot be said that due execution of Will was vitiated on account of any active part played by beneficiary - Will proved -..........
Indian Penal Code, 1860, Section 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
Guardians and Wards Act, 1890, Section 25, 7 -- Custody of child - Claimed by mother - Child is aged about 3.5 years and in custody of father for the last more than one year - Parties had agreed in petition filed u/s 13-B of Hindu Marriage Act that custody of minor son would remain with father and mother of child would not claim custody or meeting rights even in future -..........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - None of the witnesses in their evidences has proved that there was a prior agreement meeting of minds amongst the accused for commission of offence as proved - Accused rightly acquitted from the charges u/s 120-B IPC...........
