Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - In claim cases, arising out of motor accident, Court has to apply principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302, 307, 201, Evidence Act, 1872, Section 8 -- Triple murder case - Circumstantial evidence - Motive - Solely on the basis of circumstance of motive, conviction cannot be based - Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt - Prosecution failed to prove its case - Accused acquitted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Agreement to sell -- Specific performance - Contract involving multiple parties - Onus to proof - In contracts involving multiple parties with distinct interests, especially when some parties are absent or not signatories, onus is on plaintiff to ensure that all necessary consents and participations are secured - Plaintiff's passive approach and failure to act proactively..........
Evidence Act, 1872, Section 8 -- Motive - Motive has a bearing only when evidence on record is sufficient to prove the ingredients of offences under consideration - Without the proof of foundational facts, case of prosecution cannot succeed on the presence of motive alone...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question issued by accused with a stipulation that complainant would be entitled to encash it after receiving the bill of contract work by accused - Neither it was mentioned in the complaint nor in proof affidavit that bill was received - Cheque presented without fulfilling of said condition -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Once arrest of parents of a spouse is caused on false allegations or allegations found to be false in the course of a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
