Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Sexual assault upon 7 years old girl by her uncle (fufa) - Child is consistent in her statement regarding sexual assault - Medical evidence is supportive of fact that child may have suffered sexual assault - Though there are several inconsistencies in statement of child but testimony of child regarding..........
Evidence Act, 1872, Section 138 -- Cross-examination - Cross-examination after re-examination - Once purpose of re-examination was already before Court and despite that re-examination was permitted and witness has not said anything beyond that, permission sought by petitioner seeking to cross-examine witness after said statement has no basis - As regarding plea sought to..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application by trial Court - Eviction petition - As per record tenants have taken a categoric stand that registered sale deed in favour of landlady is a sham transaction - However, by way of amendment in written statement..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Testimony of victim is wholly consistent with her statement recorded u/s 164 Cr.P.C - Description of incident by victim is unambiguous - Mere fact that she failed to narrate the fact that brother of victim was sent away by accused to buy something, does not in any manner..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Documents sought to be produced are certified copies whose photocopies were filed alongwith written statement - Documents in question are relevant and no prejudice is caused to plaintiffs - Order allowing production of documents subject to payment of costs of Rs.1,000/- - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 42.795 gms charas - Statement of independent witness - Explanation of independent witness/PW2 that police had taken his signatures in police post - Non-examination of other independent witness by mere declaration that he was won over by accused and suspicion of creation of re-seal memo, creates..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witness/PW7 to the incident not reliable - If PW7 had witnessed the incident, she would have immediately lodged report and would have also got herself medically examined - Even the statement of other eye witness also not reliable - Delay in lodging FIR in such circumstances, gains significance - Accused rightly..........
West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband alleged in his petition that he was driven out from quarters by his father-in-law and brother-in-law - However, no such allegation was made by husband in his cross-examination - Evidence of witnesses of husband is inconsistent and contradictory to each other - Wife on the other hand stated..........
