Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sole purpose of filing of application for additional evidence is to get rid of findings recorded by Courts below - This is not permissible - Plea of plaintiff that he was unable to produce the record despite exercise of due diligence cannot be accepted - Application filed does not..........
Divorce Act, 1869, Section 10(1)(ix) -- Divorce - Desertion - Petition by husband - No sufficient evidence on record to show that wife insisted husband to set up a separate living for them - Husband miserably failed to establish animus deserendi of wife - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife always avoiding company of husband on one pretext or other - Allegations leveled by wife against husband with respect to his illicit relationship, committing marpeet and also demand of dowry by husband are bald allegations, as no evidence and material was placed on record to show..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation in a sudden fight in the heat of passion and upon a sudden quarrel - Evidence on record not shown that accused had either taken undue advantage or acted in a cruel or unusual manner - Case would fall u/s 300 Exception 4 IPC - Accused liable to be convicted u/s..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Indian Penal Code, 1860, Section 376D, 452 -- Rape - Delay of 60 days in lodging FIR - No documentary evidence has been produced to prove the age of victim - No external or internal injury found on the body of victim as per medical record - Testimony of PW1 and PW2 cannot be termed to be wholly reliable - Even, testimony of victim cannot be treated as that of a sterling..........
