Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Evidentiary value of - Held, while answering questions put to accused u/s 313 of Cr.P.C. accused is supposed to unfold his defence - He has right to be silent throughout and his silence cannot be taken as an incriminating circumstance against him generally - However, if he chooses to answer question and..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Lawful guardianship - Proof - Accused came to house and represented himself that he was working in factory of her husband and child was called by him - Saying so, he took away child - Father came to know about incident - After searching rushed to police station - Accused arrested and brought to police station - Child..........
Evidence Act, 1872, Section 32 -- Dying declaration - Not recorded by SDM in his own handwriting - Note appended thereto that it was recorded by SDM himself false - No certificate from doctor that deceased was in a fit mental condition to make statement - Contradiction in dying declaration and testimony of witnesses - Dying declaration not relied...........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Deceased died within seven months of her marriage - Prosecution story that she was set ablaze after pouring kerosene oil as dowry demand not met - PW1 not a reliable witness as his statement irreconcilable on all major facts - Deposition of parents of deceased also not reliable as it..........
Consumer Protection Act, 1986, Section 2(1)(g), 15, 26 -- Frivolous complaint - Costs - Banking service - Bank loan - Interest - Floating rate - EMI - Increase in term of EMI - The complainant very well knew that as per the agreement/documents, the rate of interest, on the loan which was taken by him was floating and the EMIs and the period of loan could be varied by the..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 324 -- Murder - Sending of report to Magistrate - Obligation of prosecution - Held, prosecution has an obligation to explain if, and when the report u/s 157 Cr.P.C. had been sent to Magistrate - This obligation is a positive one in order to eliminate any suspicion of false implication of an..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty - Husband making false allegation against his wife of having illicit relation with her brother-in-law - No other evidence on record to substantiate plea of husband - Held, it amounted to mental cruelty within meaning of S.498-A of Code...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Husband making false allegation against wife of having illicit relation with her brother-in-law - Held, accused not entitled to be released on probation of good conduct - Such relief, if given, would amount to misplaced sympathy...........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Education - Unfair trade practice - Fees refund - Compensation - Respondent joined Course with the petitioner and petitioner took fees for two years at the beginning - In view of judgment of Apex Court in Islamic Academy of Education case the petitioners were wrong in demanding fees ab initio for entire two..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Education - Unfair trade practice - Fees refund - Compensation - Respondent joined Course with the petitioner and petitioner took fees for two years at the beginning - In view of judgment of Apex Court in Islamic Academy of Education case the petitioners were wrong in demanding fees ab initio for entire two..........
