Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix and her husband/PW2 did not support case of prosecution - Medical evidence also does not support case of prosecution - Three independent witnesses who were present at the place of occurrence though cited as PWs in charge sheet, were not examined by prosecution - Conviction and sentence,..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - If the damage is caused by fire, then the reason by which fire took place becomes irrelevant...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Fire took place in the factory of appellant which caused a huge loss to appellant - Loss occurred on account of transformer being set ablaze and fire could not be controlled for about 6 hours - On the intervening night some miscreants entered the factory and committed burglary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-examination of independent witnesses is not by itself fatal to prosecution, particularly in prosecution under NDPS Act where operations often take place under challenging circumstances...........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - An able-bodied husband is presumed capable of earning sufficiently to maintain his dependents and it is for him to place credible material before Court to show genuine inability to discharge this obligation...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere allegation without any credible evidence cannot be taken as granted to transfer proceedings from one place to another...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g), (s) -- Offence u/s 3(1)(g), (s) of the Act - Quashing of FIR - No allegation that casteist slur was made in a place within public view or that there was any member of public present at the spot - In any event, allegations in First Information Statement itself are found to be..........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - No evidence on record to disclose that provocation was so grave and sudden that appellant was deprived of his self-control - Case would not fall u/s 300 Exception 1 IPC merely because infliction of knife blows took place after a quarrel...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed declared suspicious in nature without recording reasons in writing - Only on basis of contradiction in statement given by witnesses, it cannot be presumed that adoption deed is suspicious in nature - No independent proceeding took place for challenging adoption deed - Order..........
