Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False defamatory, scandalous, malicious, baseless and unproved allegations made against spouse amount to cruelty...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased died because of consuming poisonous substance - However, facts reflect that deceased was hyper-sensitive girl aged about 16 years and feels herself humiliated among his family members, friends and in society on account of immoral act, misbehavior and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - If he was not certain about the marriage, he is bound to disclose that fact to the woman - If such fact was not disclosed, consent may fall under the category of `misconception of fact' and the consent would be vitiated under Section 90 of the IPC - Misconception of fact to vitiate consent as referred under Section..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 376 -- Presumption - Rape - In order to give rise to the presumption under Section 114-A of Evidence Act, in context of prosecution on a promise to marry, the woman has to state in her evidence that the promise was false with necessary elements at the time of the sexual act or has to state that..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - The prosecution has miserably failed to prove the sexual act was on false promise or consent was obtained by non-disclosure of material facts - Therefore, the accused is entitled to benefit of doubt as the prosecution has failed to prove the sexual act was on a false promise to marry or the consent was obtained by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald and general allegations raised by husband against wife - In absence of any cogent and reliable evidence led by him, it cannot be said that husband was harassed by his wife so as to obtain a decree for dissolution of marriage on the ground u/s 13(1)(ia) of the Act - As regarding..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to and that promise made..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
