Arms Act, 1959, Section 25 -- Conscious possession - Expression `possession' in S.25 of the Act refers to possession backed with requisite mental element that is conscious possession - Mere custody without awareness of nature of such possession does not constitute an offence under the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Several false complaints filed by wife against husband - Wife deserted husband without any reasonable cause - Husband alleges that wife is living with another person for a quite long time as her paramour - All these facts amounts to mental cruelty to husband - Divorce rightly granted..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife ill-treated him and failed to take care of him being a dutiful wife and also deserted him - Wife in her cross-examination admitted that she never took any step at her instance or at the instance of her family members - Even, wife admitted that husband did not..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both the parties living separately from the past 13 years - Neither of them, has filed any application seeking for restitution of conjugal rights - There is no possibility of reunion, as marriage tie between parties has become emotionally dead and same is beyond repair because of emotionally dead..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3, 36 -- Custody of girl child - Child was subjected to an incident of sexual assault - Child Welfare Committee refused to hand over custody of child to mother by admitting the child in an institution - Interaction of child reveals that she is not satisfied with institution and very badly wanted to go..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a happy marital life - Mental..........
Civil Procedure Code, 1908, Order 32, Rule 15, 3, Divorce Act, 1869, Section 10(1)(iii), 10(1)(x) -- Appointment of guardian ad idem - Unsoundness of mind - Suit for divorce on ground of cruelty by wife and mental disorderliness - Failure of Court to assign definite reason for declining request for referring respondent to Medical Board - Under O.32.R.15 CPC Court is not..........
Criminal Procedure Code, 1973, Section 330 -- Release of lunatic pending investigation - Accused released u/s 330 Cr.P.C only if he is of unsound mind and not fit to understand the Court proceedings, he is incapable of making his defence - However, facts relating to provision of S.330 Cr.P.C is not relevant with S.439 Cr.P.C - Therefore, mere fact that accused released on..........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Incident is of the year 1985 and case is pending for last 34 years - Bribe amount was Rs.1200 and accused is on bail for the last 34 years - Accused suffered immense trauma, mental agony and anguish despite suffering from heart ailment -..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Testimonies of parents of deceased that physical beatings and torture to deceased at the hands of accused were given, negated by report of medical experts - Recovery of suicide note itself was doubtful - Though death occurred in unnatural circumstances, but there is no evidence of demand of dowry by..........
