Punjab Rice Procurement (Levy) Order 1983 -- Cl.7(4) Procedure relating to delivery of levy rice - Plea of connivance of officials of Food Corporation - Held, when it is an admitted fact that grains had been received and certified as having passed quality test by officials of Food Corporation of India issuing such certificates, to say later that their own officials had..........
Evidence Act, 1872, Section 3 -- Police witnesses - Evidentiary value - There is no principle of law that a statement made in Court by a police personnel has to be disbelieved - Court cannot assume that every statement of a policeman is necessarily false...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Ground of mental cruelty and desertion - Wife left the matrimonial home of her own free will - Wife never tried to contract the husband or made effort to meet the children to find out their welfare - Wife never sought the custody of children - Statement of children that their mother had been visiting..........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Corroboration - If on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there should..........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Principles to be kept in view while dealing with a case of dying declaration : (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court; (ii) The court should be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 504, 506 -- Summoning order - Quashing of - Entire facts indicate that complainant had enough reason to implicate applicants in false and fabricated case - Entire story has been cooked up by complainant - Ex parte statement made on oath in Court of a Magistrate - Held, on the basis of such..........
Indian Penal code, 1860, Section 354 -- Outraging modesty of a woman - Plea of false implication as father of prosecutrix wanted to wreak personal vengeance - Held, no father can use his daughter as a tool in order to wreak personal vengeance - In Indian society, no woman will be used by person for purpose of wreaking personal vengeance - Plea not tenable - Conviction..........
Indian Penal Code, 1860, Section 376 -- Rape - Finding of doctor that there was no external injury and further that her hymen was firm and intact so much so that it was difficult to introduce a finger in her vagina - Evidence of prosecutrix not trustworthy - Prosecution case suffering from inherent improbability and appears completely absurd - Appellant and father of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Complete denial to all the questions - Even denied that it is false to say that deceased had died - Conclusion of Court that prosecution has proved its case beyond reasonable doubt is further strengthened...........
