Indian Penal Code, 1860, Section 302, 506(II), 34 -- Murder - Appeal against acquittal - Prosecution story is not trustworthy to show guilt of accused - Material on record portrays huge suspicion and evidence adduced on record is full of contradictions and convicting accused on such evidence is not safe - Prosecution failed to exonerate itself from duty of proving guilt of..........
Family Courts Act, 1984, Section 19 -- Appeal - Against order allowing amendment of plaint - Not maintainable - Order allowing amendment is an interlocutory order and Court does not sit in judgment over correctness of pleadings at the stage when amendment is allowed...........
Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
Chit Funds Act, 1982, Section 2(b), 65(12)(v), 45I(c), Reserve Bank of India Act, 1934 -- Chit fund - Levy service tax - Levy of service tax on chit fund business as chit fund activity can be treated as business of cash management - Cash management is understood as managing surplus cash of a person or a company - Thus, whenever a person is having idle cash or unrealised..........
Chit Funds Act, 1982, Section 65(12)(v), Reserve Bank of India Act, 1934 -- Chit fund - Taxability of Chit fund can be treated as a form of fund management - Chit fund business is not cash management or a business of managing cash - Thus, chit fund business was not covered by S.65(12)(v) of the Act even after its amendment by Finance Act, 2007 - Appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Order admitting second appeal passed by Registrar in exercise of delegated powers under High Court Rules - Not ascribable to an order passed U.O.41.R.11 CPC...........
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate substantial question..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenge as to - Proper remedy available to aggrieved party is to either file writ petition u/s 226 and/or 227 of Constitution to challenge the award passed by Lok Adalat - Party has no right to file appeal as award passed by Lok Adalat is final and binding...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 29, Evidence Act, 1872, Section 3, 118 -- Aggravated sexual assault - Testimony of minor victim - Sexual molestation with minor girl aged 5 years - Delay of 17 days in lodging FIR sufficiently explained - Child protection officer deposed on enquiry that victim narrated the entire incident, along with two..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the contrary, husband examined..........
