Hindu Marriage Act, 1955, Section 19, 13 -- Jurisdiction of Court - Divorce petition filed wife at the place where she was residing at the time of filing of petition - No rebuttal evidence came on record to contend that wife was not giving correct facts - Held, petition is maintainable before concerned Family Court...........
Indian Penal Code, 1860, Section 326A -- Acid attack - Eye witness/victim is the main injured in the case and her testimony carries much weight - Doctor opined that injuries caused to victim by acid attack were grievous in nature - Statements of victim and her sister who accompanied her at the time of incident have fully supported the prosecution case and their statements..........
Evidence Act, 1872, Section 8 -- Motive - To establish an offence by an accused motive is not required to be proved when case is based on eye witness account...........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Accused poured acid over body of injured and beaten him by bricks and iron rod - Injured sustained injuries over his head, due to acid as his right eye was injured - No contradiction between medical and oral evidence - Evidence of injured is corroborated by evidence of eye witnesses and medical..........
Punjab Rent Act, 1995, Section 20(2), Registration Act, 1908, Section 49 -- Rent agreement - Non-registration of agreement would, per se, neither make agreement as void and liable to be not considered by Court nor would the same make it inadmissible in evidence - Registration if restored to by parties, would have presumption of truth attached to document - However, even in..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Eviction suit - Documents in question were not placed on record by tenant at the time when he filed his response to eviction proceedings or during course of leading evidence - Tenant failed to demonstrate that despite due diligence he could not produce said documents on record earlier -..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Indian Penal Code, 1860, Section 376, 506(i) -- Rape - Occurrence happened on 07.05.2009 and prosecutrix became pregnant - If evidence of prosecutrix is found correct, there was no chance for her to reach menstrual period after 07.05.2009 but doctor who examined victim girl stated in her report that last menstrual period is 03.06.2009 - Such circumstance create a doubt..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - No effort made to lead additional evidence for the last more than 3 years through being aware of the execution of documents - Moreover bringing on record the document will not help the case of plaintiff in any manner as these documents are not relevant to decide the controversy between the parties -..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Non-explanation of eruption of fire in the house by accused would not be held against her, particularly when fire had erupted at midnight when accused and others were sleeping and she came out shouting - Moreover, explanation for cause of fire by accused would arise only if there was any..........
