Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death caused by accused was not pre-mediated - Accused had no intention to cause death of deceased - Injuries were though sufficient in ordinary course of nature to have caused death - Offence in question therefore, falls u/s 300 Exceptions 1 & 4 IPC - Accused liable to be convicted u/s 304(Part II)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Access and non-access must be in context of sexual intercourse i.e in the sexual sense - There could be non-access between husband and wife despite co-habitation - Conversely even in absence of actual co-habitation there could be access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conclusive presumption of paternity of a child born during subsistence of a valid marriage is that child is that of husband and it cannot be rebutted by mere DNA test report - What is necessary to rebut is proof of non-access at the time when child could have been begotten, i.e at the time of its..........
Evidence Act, 1872, Section 112 -- DNA test - Matrimonial dispute - Paternity of child - Principles as to when DNA test of minor child may be directed : (i) That DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed only in matters where there is no other mode of proving such assertions; (ii) DNA..........
Indian Penal Code, 1860, Section 498A, 109 -- Cruelty - Wife filed application u/s 12 of DV Act - Not a bar for wife to lodge FIR u/ss 498-A and 109 IPC...........
Indian Penal Code, 1860, Section 498A, 109, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Specific allegations against husband that he made demands of cash and car from wife - Husband used to physically and mentally torture her in connection with demands of dowry - Contention of husband that FIR lodged just to victimize husband and his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Power of attorney holder - Having personal knowledge of the transactions - He has the capacity to depose...........
Selection -- Eligibility - Criteria that the minimum qualifying marks in the said test would be at least 50% - Guidelines of recruitment as laid down through a policy decision were sacrosanct and were required to be followed for all practical purposes - However, decision to reduce the cut-off marks is not based upon an objective-criteria, namely, the suitability of the..........
Selection -- Eligibility - Criteria that the minimum qualifying marks in the said test would be at least 50% - Guidelines of recruitment as laid down through a policy decision were sacrosanct and were required to be followed for all practical purposes - However, decision to reduce the cut-off marks is not based upon an objective-criteria, namely, the suitability of the..........
