Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Use of words "any communication" means that bar in S.122 of the Act applies to disclosing all kinds of communication and not just private/confidential communication - Communication may also be oral or written or sign language...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 6 -- Aggravated sexual assault - PW1 is eye witness and res-gestae witness - Therefore, evidence of PW1 is sufficient for case of prosecution - PW1 has stated that when she entered the house, she had seen accused laying on victim child - But, at that moment she could not have noticed specifically that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While hearing revision at instances of private party, it is impermissible to convert acquittal into conviction...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Call detail records of wife - Marriage does not grant husband automatic access to wife's private information, communications and personal belongings - Production of call detail records would lead to violation of wife's right to privacy and right to life and personal liberty - Application rightly rejected...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction - No allegation was made against accused that he touched the private part of prosecutrix with sexual intent as described u/s. 7 POCSO - Conviction set aside...........
Muslim Law -- Khula divorce - There are four different procedures/approaches undertaken in the case of a Khula divorce - Procedure 1 : Khula divorce envisages a private settlement where a person only needs to consult a Mufti of his/her school - Procedure 2 : Concept of Khula by women is the counterpart of Talaq by men in Muslim law - Procedure 3 : Khula may be invoked..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
Criminal trial -- Financial/monetary disputes - Where several persons named in complaint, due diligence be applied by conducting some sort of pre-registration inquiry in accordance with law by some economic offences cell, dealing with such financial disputes between private parties prior to finalization of complaint, converting into FIR/registration of criminal case...........
