Guardians and Wards Act, 1890, Section 25 - - Custody of child - Claimed by father - Custody granted to father by trial Court - Contention of appellant/maternal grandfather is that no fair opportunity is granted to him to contest the matter - Contention rejected, as no explanation given by appellant as to why he did not cross-examine father of child nor let in any evidence..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Anticipatory bail - Recovery of 1 quintal 60 Kgs poppy husk - Recovery effected from co-accused - Co-accused specifically named petitioner as person who supplied contraband to him - No evidence on record to show that petitioner has no connection with..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 99% burn injuries - Accused neither present at the time when dead body was identified nor present at the time of post mortem examination - Death occurred in the house of accused and they have to explain circumstances which were within their specific knowledge u/s 106 of Evidence Act -..........
Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference to Arbitration - Allegation of fraud - Suit for declaration - Allegations relating to forgery and fabrications related to partnership business subject matter of Arbitration - Moreover, allegations of fraud are not of such a serious nature that those necessarily constitute criminal offences, nor are so..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Unnatural offence - Victim stated that accused committed carnal intercourse with him and had left him after three/four hours - However, said version of victim not corroborated by medical evidence - Victim stated that he was bleeding from his anus, but said fact..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Civil Procedure Code, 1908, Order 18, Rule 3A, Evidence Act, 1872, Section 120 -- Husband appearing as a witness of wife in pursuance of S.120 Evidence Act - Wife can be permitted to examine herself as a witness at a later stage, inspite of the fact that she authorised her husband to enter into witness box and depose as her agent...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - No evidence on record that wife has an intention to bring cohabitation permanently to an end without reasonable cause and consent of husband - Wife stated that she want to come back with her husband and resume cohabitation - Ground of desertion not proved - Divorce petition rightly..........
