Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Parties have been living separately for a considerable length of time - Efforts of reconciliation have not yielded any positive outcome - Both the parties have expressed their unequivocal desire to bring marital relationship to an end - Marriage between parties..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both the parties are working and earning well for themselves - Considering facts and circumstances of case including financial status of parties who are both working professionals and other attendant factors, sum of Rs.25 lakhs is just and reasonable towards full and final settlement including permanent alimony...........
Evidence Act, 1872, Section 3 -- Interested or related witnesses - Merely because witness is an interested or related witness, her deposition cannot be discarded - Deposition of such witness is required to be scrutinized closely...........
Evidence Act, 1872, Section 138 -- Cross-examination - Leading questions are permitted in cross-examinations and response elicited cannot be said to have lesser probative value...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - If the damage is caused by fire, then the reason by which fire took place becomes irrelevant...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Fire took place in the factory of appellant which caused a huge loss to appellant - Loss occurred on account of transformer being set ablaze and fire could not be controlled for about 6 hours - On the intervening night some miscreants entered the factory and committed burglary..........
Indian Penal Code, 1860, Section 498A, 332, 504, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against parents of husband - Vague and omnibus allegations levelled against appellants - No specific instance or occasion detailed with particulars wherein appellants demanded dowry from wife and on refusal of same subjected her to mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long period of separation without any hope for reconciliation amounts to cruelty to both the parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal to accommodate each other for a long period of time amounts to cruelty to one another...........
