Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - At the preliminary stage of investigation, Court is not inclined to embark upon a detailed appreciation of facts or evidence - Veracity of allegations of forgery, fabrication and use of false notarial seals is a matter for investigation and if warranted, trial...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - When an accused offers a false explanation regarding cause of death which takes place within confines of his house, such falsity becomes an additional link in the chain of circumstances pointing to guilt of accused...........
Indian Penal Code, 1860, Section 302, 304B, 498A, 201 -- Murder - Circumstantial evidence - Allegation against father-in-law - Conviction upheld for following reasons: (i) unnatural death of deceased which was not accidental but homicidal as established from medical evidence; (ii) death occurred inside the house occupied by accused which was under his control; (iii) FIR..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 69, 352 -- Bail - Rape - False promise of marriage - Physical relationship between applicant and victim was without protest and there was no insistence by victim for marriage as she was in relationship with applicant for last four years as has been averred in her statement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegation levelled by husband alleging illicit relation of wife was sufficient to compel wife to live separately by leaving company of husband - Divorce petition rightly dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to establish alleged encroachment by defendant - Though plaintiff contended that defendant encroached upon his property in the year 2005, inaction by plaintiff in taking any steps against defendant would go to show that said contention is false - Considering evidence of PW1 and..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant not denied his signatures on Pronote and Receipt - Defence of defendant is that pronote is forged and fabricated - However, defendant admitted that he had not moved any complaint before any police authorities or any other higher authorities against plaintiff for alleged forgery and fabrication of..........
