Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made bald allegation that wife is suffering from mental illness and her behavior is abnormal but he has failed to adduce any documentary evidence thereto - He did not produce medical, documentary and oral evidence of doctor who is treating schizophrenia of wife - Husband has..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Factum of absence of accused at the time of occurrence having been categorically stated in the first intimation - High Court's conclusion that it was duty of accused to establish the plea of alibi is flawed...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Mere suspicion cannot lead to a finding of guilt, especially when there is not available a chain of circumstances, unequivocally pointing to the guilt of accused in the alleged crime...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Proviso - Judgment on admission - Court is not bound to grant relief to plaintiff only on basis of admission of defendant...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife in her written statement as also in Court statement levelled some allegations of her husband having illicit relations with his sister-in-law as well as with one `T' - However, such allegations were not proved by any oral or documentary evidence - Wife herself admitted that she has..........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Petition for divorce filed within two months of marriage - Neither separate prayer for grant of leave u/s 14 of the Act was made nor other party raised any objection on that ground - Petition was contested on merits and evidence was led - Objection not raised until the commencement of final arguments - Parties residing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
