Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Merely on account of no, filing of replication, Court cannot draw a conclusion that assertion made has remained unchallenged...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 20 -- Juvenile - Murder case - Accused `V' found to be juvenile on the date of incident, as per report of JJ Board - Said report unchallenged - He remained in custody for more than maximum period for which he could have been confined to a special home, thus, while sustaining his conviction, accused..........
Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Petition by wife - Second marriage by husband during subsistence of first marriage which was not disclosed to wife at the time of marriage - Husband did not appear despite service - Wife in support of her case filed examination-in-chief of three witnesses supported by affidavit - Held, in view of evidence on..........
Special Marriage Act, 1954, Section 22 -- Restitution of conjugal rights - Petition by husband - Wife withdraw the society of husband because of physical and mental torture by husband - She even sent a legal notice to husband to take her back but there was no response from the side of husband - Wife lodged FIR against husband u/ss 498-A, 506, 34 IPC and also filed..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - On the ground of cruelty and adultery - Validity - Allegations of adultery on wife by husband remained unchallenged and unrebutted - Marriage between the parties solemnized 15 years ago and the wife did not make any allegation of demand and dowry and harassment during that period - Husband caught red handed the wife with..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of mental disorder of wife - Plea of husband neither controverted in written statement nor deposition of husband to this fact assailed in cross examination - Unchallenged averments and evidence on record brings the case of husband within ambit of S.12(1)(c) of the Act - Marriage rightly..........
Indian Penal Code, 1860, Section 308, 149 -- Attempt to commit culpable homicide - All eye witnesses of incident supported prosecution story - Even all simple injuries caused to complainant party have been duly proved by statements of injured PWs and statements of doctors concerned - Conviction of appellants converted from S.307 to S.308 IPC and rest of conviction which..........
Criminal trial -- Time of death - Contents of stomach are not sole factor always to ascertain time of death - Exact time when deceased had taken dinner is not on record - Mere presence of semi digested food in stomach of deceased would not belie prosecution case which is supported by evidence of all three wholly reliable PWs, more so when doctor opinion supported..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Complainant deposed that on account of refusal to give match box on demand they were beaten and injuries were caused to them - Complainant identified accused and attributed specific role to him in the incident - He had no prior enmity with accused - Material facts proved on record by complainant in his ocular..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 2(xviii) -- Recovery of 220 Kgs. poppy straw from truck driven by accused - FSL report - It is not necessary for Chemical Examiner to give percentage of morphine being more than 0.2% in poppy straw - Contraband recovered from possession of accused was product of papaver somniferum-L thus it is not necessary..........
