Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Evidence Act, 1872, Section 25 -- Confessional statement made by accused before police is hit by S.25 of the Act and same rightly discarded...........
Indian Penal Code, 1860, Section 302, 363, 377, 201, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Murder - Circumstantial evidence - Last seen theory not proved - Testimony of mother of deceased is doubtful - None of recovered articles match with accused - Chain of evidence is not complete - Prosecution has failed to establish the guilt of accused..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation in a sudden fight in the heat of passion and upon a sudden quarrel - Evidence on record not shown that accused had either taken undue advantage or acted in a cruel or unusual manner - Case would fall u/s 300 Exception 4 IPC - Accused liable to be convicted u/s..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Question of possession is necessarily a question of fact which has to be adjudicated by trial Court on the evidence led by parties - Since petitioners have tried to collect evidence which is not permissible under law - Application rightly rejected...........
Hindu Law -- Joint Family property - Petitioners are claiming their rights on property in dispute as joint or Co-tenure holder, as property had been purchased from the funds of joint Hindu Family - However, petitioners failed to prove the same and in absence of any evidence to that effect petitioner could not have been granted the benefit of getting the property treating..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Prevention of Corruption Act, 1988, Section 7(a) -- Illegal gratification - Accused though exonerated from departmental proceedings yet competent authority proceeded to accord sanction for prosecution - Said fact was not considered by High Court while quashing FIR - Moreover, continuation of trial was not on the very same evidence as what weighed with authorities in..........
