Practice and Procedure -- Parties have to prove their own case and Court will not function in the aid of party for collecting evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand and acceptance - Star witness/complainant stated that accused used to trouble her, humiliate her and not grant her leaves, but she nowhere stated that there was any demand of money as bribe which is the most essential ingredients for conviction for an offence u/ss 7, 13(2) of the Act -..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Potency test of accused is not essential to prove charge of penetrative sexual assault or rape, more particularly when there are other overwhelming evidences in support of charge of rape and there is also no claim from accused that he was incapable physically of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a case for permanent injunction based on possession of immovable property, plaintiff shall prove his possession - Plaintiff shall succeed on strength of his case and he cannot rely and succeed on weaknesses in case of defendant...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Sole ground of not taking care of in-laws by wife not sufficient to prove ground of cruelty since in-laws had already died way back before filing of divorce petition - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - No evidence produced by husband to prove element of desertion showing that wife has left her matrimonial house - Ground of desertion not proved - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to prove a charge u/s 307 IPC, it is even not necessary for prosecution to show that victim received any injury - If prosecution is successful to prove that victim committed some overtact which, if successful would have caused murder to victim, accused may be held guilty for committing offence u/s 307..........
