Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Victim was only 14 years old at the time of alleged marriage and accused was 20 years old but below minimum legal age of marriage - There was thus, no valid marriage that could confer upon victim the status of a wife as required to invoke S.498-A IPC - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Concealment of fact regarding earlier marriage by wife not necessary for considering application - For deciding application Court is to decide as to whether party seeking maintenance pendente lite and expenses requires it...........
Indian Penal Code, 1860, Section 376 -- Rape - Independent witnesses have not supported prosecution case - Evidence of PWs 10, 11 and 12 is not consistent regarding filing of FIR - Violence of three witnesses also does not reveal why victim waited for so long, before making allegations against petitioner - Delay in lodging FIR not explained - Evidence of PWs 1 to 12 found..........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Prosecution able to prove that while PW1/injured was coming from land holding beam, petitioner obstructed him and assaulted him by means of a thenga causing bleeding injury on his head and chest - Commission of offence in question proved - Conviction upheld...........
Special Marriage Act, 1954, Section 37 -- Permanent alimony - Wife who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of standard of living she enjoyed during the marriage and which reasonably secures her future - Furthermore, inflationary cost of living and her continued reliance on maintenance as the sole..........
Indian Penal Code, 1860, Section 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - False promise of marriage - Accused was absolutely justified in panicking and backing out from proposed marriage upon coming to know of aggressive sexual behaviour and obsessive nature of complainant - Even though accused..........
Money suit on basis of agreement -- Defendant borrowed Rs.30 lakhs from plaintiff and an agreement was executed by defendant in his favour, agreeing to repay the amount - He also handed over two post dated cheques - Neither there is any evidence to show source of money nor there is any witness for passing of money from plaintiff to defendant - PW2 is only a witness to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - Wife made counter allegations that it was husband and his mother who on almost every day used to torture her mentally and forced her to leave matrimonial house - Both husband and wife are living separately since 2019 and initiatives taken for reconstructing..........
