Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Non explanation of injuries sustained by accused person by prosecution - Informant as well as appellant No.1 sustained injuries on their body - Prosecution has completely failed to explain injury sustained by appellant No.1 and non-explanation of injuries sustained by accused persons by prosecution creates a..........
Clean hands -- Litigant invoking extraordinary jurisdiction must approach Court with clean hands...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False criminal case - Husband was subjected to cruelty at the hands of wife due to registration of false criminal case...........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband failed to examine his parents or any other witness to substantiate his contention that it is wife who is at fault and that she abused him in filthy language and was in dominating nature - In the absence of any evidence from husband's side, it cannot be said that he underwent cruelty in the hands of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of driving away wife while she was with child amounts to moral and emotional dereliction, if not cruelty and undermines husband's claim of suffering cruelty at the hands of wife...........
Registration Act, 1908, Section 89(4) -- Registration - Copy of sale certificate - Sale certificate issued by authorised officer is not compulsorily registrable - U/S 89(4) of Registration Act registering authority is only required to file a copy of sale certificate as and when it is forwarded to him by authorised officer - Such filing of copy of sale certificate is merely..........
