Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Husband suspected fidelity of wife and whenever he went out, he used to lock room and monitor her movements and she was not permitted to make phone calls to anyone in his absence - Wife who experiences such a behaviour from husband may not be in a position to produce any documents or any other..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to reserve the right to lead rebuttal evidence arises only if some of issues place burden on other party...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife failed to substantiate the allegations of mental and physical cruelty through reliable and convincing evidence - No complaint before any Court or report before any police station was filed by wife against husband regarding alleged cruelty - Even, she never informed her father,..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be considered along with main appeal at the time of adjudicating main appeal...........
Indian Penal Code, 1860, Section 363, 366, 376, 377 -- Kidnapping and rape - Victim was aged about 15 years on the date of incident - Specific allegations with regard to committing rape upon her by appellant and committing unnatural sex upon her have been levelled by victim against appellant - Medical evidence does not rule out possibility of rape upon victim - Even..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conviction for murder can solely rest on circumstantial evidence if chain of circumstances is complete and consistent only with hypothesis of guilt of accused...........
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..........
