Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witness/PW7 - Police statement of PW7 recorded after 20 days of incident - No evidence on record to show that after the incident, said witness had immediately left village and was not available for recording his statement - Statement of PW7 does not appear to be worth credence...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Inconsistencies, contradictions and improvements in the testimony cannot be minutely scrutinised at the stage of summoning u/s 319 Cr.P.C...........
Evidence Act, 1872, Section 3 -- Interested/related witness - Where eye witnesses are interested witnesses being related to deceased it does not render their evidence suspect and all that is required in such cases is to carefully analyze the evidence - If after careful scrutiny, testimony of such an interested/related prosecution witness is found acceptable then it should..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of two eye witnesses - Deceased and his wife had gone to village pond with their buffalo while brother of deceased saw the incident when they were proceeding towards his house - Both were most natural witnesses - Merely because no independent witness was examined would not create a doubt in prosecution case -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366A, 368, 376, 342, 370, 370A, 373, 109, 120B, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 5, 7, Protection of Children from Sexual Offences Act, 2012, Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 23 -- Bail - Kidnapping and rape - Forced..........
