Indian Penal Code, 1860, Section 307 -- Attempt to murder - Pre-mediated attack - Although the accused did not fire a second shot, he brought a pistol, waited at the gate of the office of victim and fired a single shot from closed range before fleeing the scene, leaving the victim bleeding - Accused planned a proper attack...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Domestic violence - Marital relations should be seen as a aggravating factor, and not a mitigating factor, in the offences of domestic violence where accused has the intention to kill...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit dismissed as withdrawn - Seven plaintiff never contested this fact - Their silence over such a material issue for over two decades supports the inference of a concluded compromise - Unexplained delay of over two years by two applicants suggest that restoration..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Accident occurred at 6 pm and murg report was on the same day - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious - FIR cannot be disbelieved especially as insurance company did not make any attempt to examine I.O. before..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Wife forgave and condoned criminal acts/crimes of husband towards her - She has credibly explained this by saying that she wanted to save husband as also his job as a teacher - Attempt of husband to take advantage of dismissal and closure of earlier crimes and cases against him could surely not..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Cancellation of bail - Attempt to murder - No material to show that accused has attempted to interfere with trial, threaten complainant or committed any subsequent offence - Mere assertion that trial Court ought to have taken a different view does not by itself, justify..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
