Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations made by husband are false and baseless - No satisfactory and cogent evidence has been led by husband to prove the allegations of cruelty against wife - Ground of cruelty not proved - Divorce petition rightly dismissed...........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
Indian Penal Code, 1860, Section 376D, 452 -- Rape - Delay of 60 days in lodging FIR - No documentary evidence has been produced to prove the age of victim - No external or internal injury found on the body of victim as per medical record - Testimony of PW1 and PW2 cannot be termed to be wholly reliable - Even, testimony of victim cannot be treated as that of a sterling..........
Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Prosecutrix is 30 years old major lady and also working in government department - She herself met accused and started whatspp chatting and video calls - Evidence on record shows causal conversation regarding love and marriage are visible - Marriage was not consummated between parties due to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine contention of accused regarding false implication, as that will be decided by trial Court after parties have availed opportunity to lead their respective evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Two complaints filed by wife against husband were found to be false or not proved - This fact itself constitutes evidence of cruelty on the part of wife...........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
