Hindu Marriage Act, 1955, Section 13B -- Prayer for converting appeal, filed against grant of decree of divorce, as a petition u/s 13-B of the Act, allowed - Statement of parties recorded of first motion - Six months waiting period waived - Statement of parties on the second motion recorded - Decree of divorce by mutual consent granted...........
Agreement to sell -- Specific performance - Plea that defendant is a farmer and apart from the suit land, he is left with no other land ad it would be inequitable if specific performance of contract is enforced - However, defendant categorically stated that post the agreement in question, he sold land to various persons - He was having large chunk of land which defendant..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Time of death of deceased - Prosecution stated that deceased died on spot owing to injuries - Doctor besides stating that time between death and postmortem was within 10 hours has also deposed that time between death of deceased and injury was within 5-10 minutes, thereby supporting prosecution witnesses - No doubt..........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
Indian Penal Code, 1860, Section 376, 323, 511 -- Rape - Eye witnesses of incident clearly narrated the occurrence - Neither enmity nor motive among witnesses, prosecutrix and accused - Prosecutrix had abrasions on her lip, nose and she had a nail mark on her right side cheek - Medical evidence also against accused - Defective investigation is not fatal to prosecution case..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Evidence Act, 1872, Section 145 -- Cross-examination as to previous statements in writing - There is no absolute bar on cross-examining a witness on his previous statement in writing or reduced into writing in order to contradict him...........
Evidence Act, 1872, Section 145 -- Cross-examination as to previous statements in writing - Previous statement of a witness can be used as substantive evidence - However, such statements can be used to contradict a witness by cross-examining him and by following procedure prescribed by Second part of S.145 of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Non-mentioning of fact in the report or statement to police that accused committed the offence on the ground that prosecutrix belonged to SC is not fatal to case of prosecution u/s 3(2)(v) of the Act, particularly when mother of prosecutrix is an..........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 35 -- Statement recorded u/s 164 Cr.P.C made in course of investigation - Cannot be considered as evidence recorded u/s 35 of POCSO Act...........
