Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Protection to life and liberty -- Live-in-relationship - Girl is major, but boy though major, has not attained marriageable age - Mere fact that boy is not of marriageable age, would not deprive their fundamental right as envisaged in Constitution being citizens of India - SSP concerned directed to decide representation moved by petitioners, in accordance with law and..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Will -- Letters of administration - Plaintiffs have failed to prove the validity of Will in accordance with law - Will did not come into existence at the instance of testator but is a concocted document and has been got up after death of testator - Will is not registered, as testator was suffering from a paralytic stroke - Genuineness of Will remains in doubt - No Letters..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Duty is cast on Appellate Court to adjudicate first appeal both on questions of fact and applicable law, as right to file an appeal by an unsuccessful party assailing judgment of Original Court is a valuable right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law - Trial Court could not have gone into said question at threshold and could not have determined the same - Application rightly rejected...........
Clean hands -- Suppression of material facts - Non disclosure of filing of suit and its dismissal and also dismissal of appeal - Appellants have to be non suited on the ground of suppression of material facts - They have not come to Court with clean hands and they have also abused the process of law - They are not entitled for the extraordinary, equitable and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - No specific instances referred by trial Court while convicting accused, where she had been ascribed any specific role in making demand and inflicting cruelty - Presence of accused at the time of occurrence not spoken about - No specific evidence with regard to demand being made by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If appellant makes out a case for allowing application, material produced along with the application has to be considered at the time of final disposal of appeal in accordance with law...........
Civil Procedure Code, 1908, Section 100, Order 14, Rule 1 -- Issue - Issue of jurisdiction regarding maintainability of suit decided against defendants and they did not file any cross appeal or raise any objection regarding same - Said issue cannot be taken in second appeal, as same would be a mixed question of law and fact...........
