Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife represented through power of attorney holder - Allegations were based on personal knowledge of wife - Information never transferred to attorney - Testimony of attorney could not stand to the test of cross-examination - Attorney was totally ignorant in material particulars of case - No..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
Indian Penal Code, 1860, Section 302, 364, 34 -- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but identification done is only based on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 61, 85 -- Contraband - Non-joining of independent witness - Credibility of police official's statement - Merely because no independent person had co-operated to join the raid, testimony of police officers which otherwise inspires confidence cannot be discarded - Raid was conducted meticulously - There..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they admitted in their written..........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Seeking transfer at the drop of a hat is inconceivable - Therefore, order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial - Power has to be exercised cautiously and in exceptional situations where it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - Non-examination of Investigating officer (I.O) - No doubt it is always desirable that prosecution has to examine the I.O who prepared the rukka but mere no, examination of I.O does not in every case cause prejudice to accused or affects credibility of..........
Criminal trial -- Minor discrepancies - Five witnesses gave consistent statement of events - Minor discrepancies are bound to be there, such as the distance between the gun and deceased but these do not take away from the substance of the case of prosecution nor do they impinge on the credibility of witnesses...........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
