Hindu Marriage Act, 1955, Section 13, 19 -- Divorce petition - Territorial jurisdiction - Marriage between parties was solemnized at Pratapgarh - Mere fact that a reception party of marriage was later hosted at Prayagraj would not be material - Moreover, parties have not lived together lastly as a married couple at Prayagraj - Family Court, Prayagraj rightly refused to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........
Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, Section 3 -- Resumption of assigned land - Assignment of subject land was under the revised assignment policy - No material produced by petitioners and discussed by High Court to show that assignment of subject lands was on collection of market value - Judgment of High Court is founded on misconception that..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Where accused is abroad at the time of making an application for pre-arrest bail u/s 482(1) BNSS, said material fact has to be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of Court, as said material fact possesses the potential to..........
Indian Penal Code, 1860, Section 420, Passport Act, 1967, Section 12(2) -- Cheating - Prosecution failed to place any evidence to prove that appellant had prior information of A-1 was already possessing a passport or knowingly had furnished false information to the passport authorities that after knowing that A-1 had possessed or holding a passport was applying for second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission when clear and not withdrawn, is a good and material source of evidence to rely upon to decide a fact in issue...........
