Indian Penal Code, 1860, Section 376 -- Rape of married women - Prosecutrix herself went to house of accused without any valid reason - FSL report does say that semen is found but no further examination was carried out - There was no injury on external or internal parts of body of prosecutrix - Evidence of prosecutrix suffers from serious infirmities and inconsistencies -..........
Indian Penal Code, 1860, Section 366 -- Abduction - Conviction set aside - Prosecutrix stayed with accused for one month - Prosecutrix and accused used to travel by rail and bus - Admitted fact that prosecutrix used to move with company of accused willingly - No hue or cry raised by prosecutrix inspite of sufficient opportunities coming her way - Charge of abduction not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Contraband - Search & seizure - Non-compliance of S.50 - In spite of having sufficient time to arrange lady as one member of team, no attempt made to get any lady constable from concerned department - Nothing on record to show that any intimation given to accused about right to be searched in..........
Electricity Act, 1910, Section 26 -- Electricity - Meter - Correctness of recording of consumption - Statutory protection - There is no allegation that plaintiff practiced fraud or tampered with meter or other electrical apparatus provided for recording supply of electricity - There is dispute as to proper functioning of meter - Held, plaintiff is entitled to statutory..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Conviction - Validity - Continued demand of Rs.50,000/- and one sewing machine - Victim also sent letter indicating renewal of such demand - Prosecution has established demand of dowry, torture and unnatural death of deceased within one year..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner failed to appear before Appellate Court as learned counsel for petitioner had mistakenly noted wrong date - Held, for the fault of counsel or mere technicalities, the substantive relief should not be declined specifically when the petitioner has taken measures for..........
Indian Penal Code, 1860, Section 366, 341 -- Kidnapping and wrongful restraint - No allegation of molestation of prosecutrix by appellant - No injury on any part of body detected in medical examination - No allegation in regard to forcible sexual intercourse - Recovery of extra set of wearing apparels showing that prosecutrix having love affair with appellant - Doctor..........
Hindu Marriage Act, 1955, Section 13, 24 -- Divorce petition - Dismissed due to non payment of maintenance pendente lite - However, maintenance pendente lite paid during pendency of appeal - Held, it appears that there was no mala fide intention of husband for non payment of maintenance arrears - Held, divorce petition deserves to be decided on merits - Impugned order set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy premises and that plaintiff..........
