Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - In order to establish paternity of child, proof of marriage between parties is sine qua non...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - No evidence of marriage between parties on record - Even, lady has herself denied maternity of child - Trial Court rightly rejected the application for DNA test...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence corroborated..........
Hindu Adoptions and Maintenance Act, 1956, Section 10, 11 -- Adoption deed - Entry in revenue records - Adoption was made by both the adoptive parents - Biological parents of minor have executed the deed with their joint consent - Both the parties are Hindus - Child was unmarried and eligible to be adopted in each and every aspect - Adoption deed also contains the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheques - Joint trial - Dishonour of each cheque constitutes a separate offence giving rise to a separate cause of action - However, Ss.219, 223 Cr.P.C, are exceptions to general rule that there should be separate charge and separate trial for each distinct..........
Central Excise Act, 1944, Section 2(J) -- Manufacture - Whether mixing of essence or selling of food flavours bought from third party falls under `manufacture' - Assessee, manufacturer of foreign Liquor, claims to prepare food flavours by simply mixing different types of essences purchased from third parties - Tribunal without ascertaining exact nature of process..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Case referred to Lok Adalat for settlement - No notice was given to defendant before matter was referred to Lok Adalat - Thus, order of Lok Adalat is bad in law and is in contravention to provision of S.20 of the Act, as case cannot be disposed of by Lok Adalat without consent of all parties - Order of Lok..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of two witnesses wholly unacceptable..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Husband contended that second application for maintenance was withdrawn by wife in view of compromise between parties and both the parties agreed to reside separately, therefore, by virtue of S.125(4) of the Act, wife not entitled to claim maintenance - Contention rejected, as no particulars of..........
Evidence Act, 1872, Section 114 -- Presumption - In order to presume a valid marriage it should be shown that parties were treated as husband and wife by the Society - In the absence of such evidence, it is rather difficult to presume a marriage, particularly, a second marriage...........
