Limitation Act, 1963, Section 14 -- Limitation - Exclusion of time - Earlier suit filed in a Court competent to entertain it and decide the same on merits - Plaintiff not entitled to get benefit of S.14 of Limitation Act...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against bother-in-law (Devar) and sisters-in-law (Nanad) - Wife alleged that her brother-in-law denuded her and torn her clothes and committed rape upon her at the point of pistol with..........
Arms Act, 1959, Section 25(1AA) -- Recovery of live cartridges from bungalow occupied by A-4 - Constructive possession - A-4 convicted only on the basis of his admission in cross-examination, wherein he is shown as occupier of house in records of Municipal Corporation - However, A-4 was not present in house at the time of recovery nor he was present in house for days..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself cannot lead to a conclusion that..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Plea of false implication - Evidence of eye witnesses clearly proves their presence on the spot and they have witnessed the incident and have given true account - PW10, stated that all accused were sitting together and the fact that PW11 has seen only three persons does not indicate that only three persons were..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Actual place of residence of minor at the time of filing application does not necessarily determine jurisdiction of Court...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Expression `where the minor ordinarily resides' excludes places to which minor may be removed at or about the time of filing of application for enforcement of guardianship and custody of minor...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Plaintiff mortgaged suit property by executing conditional sale - Condition to repurchase embodied in said document - Defendant agreed to transfer back suit within five years from date of deed - Patta was not transferred to defendant after execution of..........
