Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When materials at the time of consideration for framing charge are of such a nature that if unrebutted, it would make out no case whatsoever, accused should be discharged...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Cogent and strong evidence on record regarding complicity of petitioner in the offence, which if remains unrebutted his conviction may be fully probable - Petitioner has been summoned prior to recording of conviction of charge sheeted accused persons - Accused summoned u/s 319 Cr.P.C may be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife after solemnization of marriage came to matrimonial house only for twice and lived there only for 12-15 days and on being pregnant without informing husband went to her parental house and refused to come back - Even, after having knowledge of divorce case, she did not appear before Court - Wife has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Once minor child of parties had specifically deposed that her father had tried to throttle her mother on many occasions and that he habitually locked up his family from outside and left them to fend for themselves in that situation for days, no other evidence of cruelty was required to be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation against accused as conspirator is based on extra judicial confession of co-accused - However, extra-judicial confession is a very weak piece of evidence - Confession of co-accused can be used only in respect of evidence and cannot be made foundation of conviction - Moreover, there..........
