Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earning wife - No evidence on record to show that wife is actually employed as a tailor and earns income out of it for her livelihood - Mere fact that in marriage certificate, occupation of wife is shown as tailor and she has taken membership in tailors..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - PW3, manager of fish firm owned by deceased deposed that deceased used to earn Rs.15,000 p.m from the wholesale business of fish - Courts below assessed the income of deceased @ Rs.7,000 p.m which was not correctly assessed on the basis of evidence on record - Income of deceased..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Testimony of wife remains unshaken despite lengthy cross-examination of wife - On the contrary husband when confronted with relevant record shows that he has not been truthful and his testimony is not reliable - Evidence led by wife regarding her having suffered cruelty at the hands of..........
Practice and Procedure -- High Courts are Courts of record and what is recorded in Courts are correct and cannot be contradicted by counsel for parties...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
