Hindu Marriage Act, 1955, Section 13 -- Decree of divorce - Challenged by wife - Reasonable opportunity to contest the matter has been denied to wife by family Court while dissolving the marriage - Manner in which Court has proceeded in undue hot haste in rejecting the right of wife on the very next day to cross-examine the husband and thereafter to forfeit the right of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Criminal Procedure Code, 1973, Section 91 -- Power u/s 91 Cr.P.C. must be exercised for production of such evidence, which would assist Court in discovering truth in the pursuit of justice - However, right of privacy of police officials cannot be breached at the ipse dixit of accused - Before any such order for production of call details/tower location is passed, accused..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of tower locations of witnesses of trap proceedings - Tower location of cell-phones of witnesses on the scene of offence is probable distance of petitioner to unearth true facts, during course of trial - Any denial of best available evidence or effective and substantial hearing to accused in proving defence would..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression "Evidence" as contained in S.319 Cr.P.C. would not include a vague statement, and essentially the deposition of prosecution witness has to be tested in its substance...........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Deceased died in a road accident stands proved - However, there is no evidence on record that it is the petitioner who was driving the offending vehicle/truck on the date of incident - Conviction and sentence set aside - Accused acquitted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Compromise - Offences under POCSO Act - When quashment sought for on the ground of settlement, when moved by defacto complainant or accused, prime consideration is whether there were materials to see commission of offences - If prosecution evidence would show prima facie materials to hold..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Closure of evidence of complainant - Ample opportunities were given to complainant, however, he failed to avail the same and did not presented himself for examination - For his causal, unscrupulous and obnoxious behavior, he should be admonished and penalized..........
