Service -- Family pension and gratuity - Deceased appointed as Safai kamdar by Gram Panchayat by passing an appropriate resolution - He was a full time employee getting regular salary and he put in 33 years of service and died in harness - At no stage while he was in service any objection or even a doubt was raised that he was not validly appointed - Deceased must be held..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her - She received 80-85% burn injuries - Accused used to tease deceased and threatened her to kidnap her again, as earlier also a case u/ss 363, 366, 376 IPC was registered against accused by father of deceased but he was acquitted - Dying declaration and..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Hindu Marriage Act, 1955, Section 11, 5(i), 29(2) -- Second marriage during subsistence of first marriage - Petition by wife for declaring marriage as nullity - Plea of husband of customary divorce by mutual consent in Panchayat - Requirement of law in terms of S.29(2) of the Act not spelled out, nor particulars of custom and its enforcement and application in the area..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Murder case - Juvenile - Determination of age - No evidence on record to prove age of accused - Board assessed age of accused about 19 years - No benefit of one year as provided in R.12 of 2007 Rules is extended to accused as there is evidence in the form of photocopy of Panchayat Electoral Roll in..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased committed suicide by consuming poison - Marriage of deceased with accused solemnized in 1995 and incident occurred in 2004 - No complaint was ever made by complainant with police or panchayat or other relations - Prosecution has not led tangible evidence to prove that accused had treated..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Within three months of marriage - Torture and harassment - No specific instances of any torture by accused to deceased - No complaint ever lodged with police or with Panchayat - Allegations levelled general in nature - No categoric evidence to prove that accused persons abetted deceased to commit..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Enhancement - Comparable sale instances - Acquired land in Municipal area whereas comparable land in Panchayat area - Both the lands are in close proximity - If the land is otherwise comparable, merely because witness was not factually correct on description, evidence cannot be discarded, as in..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within seven years of her marriage by consuming poison - Specific allegations on record regarding demand of motorcycle and cash soon before occurrence - Mere fact that no complaint was moved or no Panchayat was held during the lifetime of deceased is no ground to discard prosecution version - All..........
Indian Penal Code, 1860, Section 376, 342, 323, 506 -- Rape - Age of prosecutrix proved to be 17 to 18 years - Prosecutrix herself stated that she was not forcibly taken away by accused and she followed him voluntarily - She also stated that she had indulged in sexual intercourse with accused even prior to incident of rape - Case was registered against accused because..........
