Evidence Act, 1872, Section 35 -- Gazette notification - It is a relevant fact u/s 35 of the Act...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for ingredients that constitute certain..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Cognizance of offence - Direct allegation on record that death was caused due to assault by accused and others - Though same does not find corroboration from medical evidence only to extent that doctor did not find any external injury on person of deceased and no poisonous substance was found during forensic examination..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to clarify as to whether she signs in English or in Hindi - No further documents be permitted to be put to witness as these documents would reopen the entire evidence - As it is Court which requires some clarification as such it will be Court who will put questions to witness recalled...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - In the Court entirely new story developed which is inconsistent to the FIR - Both are contradictory - Statement of PW1 is not wholly reliable - Statements of PW4 and PW2 are also not inspiring confidence - There is no evidence as to how deceased was cremated - There is no recovery of any instrument or weapon of offence -..........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is a possible view even if two views are equally balanced, it need not result in interference by..........
Indian Penal Code, 1860, Section 302, 379, 149, 148 -- Murder - Sole testimony of eye witnesses - Parity with co-accused - If deposition of eye witnesses are not reliable qua one of accused and he is acquitted by giving benefit of doubt, same benefit ought to have been given to other accused also, unless there is some further material/evidence against other accused - Since..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- -Anticipatory bail - Rape of married woman - No medical evidence on record to support the case of complainant - Even documents on record suggestive of likelihood of a money dispute - It would be travesty of justice to send petitioner behind the bars - Bail granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Wife remaining away from her matrimonial home due to conduct of husband - However, neither any effort was made by husband for retrieving wife to her matrimonial home by filing petition u/s 9 of Hindu Marriage Act nor any divorce petition was filed against wife -..........
