Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admission of issuance of cheque and signature on cheque - No defence evidence that cheque was issued as security - Evidence led by complainant is sufficient to hold presumption in favour of drawer of cheque - Offence u/s 138 of the Act held, established on record - Impugned order of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Divorce subsequent to filing of complaint under the Act - Wife remarried - As there are allegations of domestic violence against husband which can only be decided after parties lead evidence - Complaint filed by wife, cannot be quashed, even though wife allegedly remarried subsequently...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Contradictory statement of witnesses as to aspects of happening of incident, taking victim to the hospital, presence of PW1 at the time of alleged incident, detaining accused from bus stand or from his mother-i, law's house, recovery of material objects from possession of accused and lodging of..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegation that parents of wife wanted to kill him as a sacrifice to obtain hidden wealth - No evidence on record to support said fact - Allegation of husband is very unnatural and unbelievable - Even no complaint lodged against parents of wife by husband - On..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother-in-law - Eviction order against daughter-in-law - Daughter-in-law has no right in the house of mother-in-law who lodged a complaint against daughter-in-law, which is pending between parties - Moreover, no evidence placed on record to claim ownership of house by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was living with her children along with her brother-i, law/accused in joint family - Children of deceased stated that accused came in drunken condition and threatened to kill them - PW1 heard cries of her mother/deceased and also seen accused taking deceased towards..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Attested copy of complaint - Does not fall under category of `public document' - Not admissible as secondary evidence at argument stage...........
