Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife threatening to implicate husband in false criminal case - Allegations levelled against wife are totally frivolous, ill founded and vague in nature - Had it been a case where wife actually had been threatening to implicate husband and his family in a false criminal case there was nothing which prevented..........
Indian Penal Code, 1860, Section 302 -- Murder - Firearm injury - Testimony of sole eye witness/PW2 - Three eye witnesses examined by prosecution but two of them declared hostile having not supported prosecution case - PW2 along with PW1 and deceased was in the field for watching it in night - Their presence is not disputed by defence - When deceased intercepted accused in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty and misbehavior levelled against wife are vague in nature - Husband failed to refer any particular incident much less specific date to show that wife had misbehaved with him and his parents or inflicted such immeasurable agony on them so as to compel him to resort to extreme step of..........
Indian Penal Code, 1860, Section 464 -- False document - Mere making a false statement in a document would not come within ambit of S.464 IPC and would not amount to forgery...........
Indian Penal Code, 1860, Section 464 -- False document - It is the essence of making a false document that signature, seal or date shown on it should be false...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - False implication - Once name of deceased were recorded in rukka and subsequently in FIR on the basis of statement made by PW2/eye witness, irrespective of said witness having turned hostile, accused cannot be heard that complainant tried to incriminate them or has planted recoveries to frame them falsely...........
Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Love affair - Prosecutrix continued to have physical relationship with accused even after knowing very well that he is not in a position to marry her - Consent for sex was not thus granted due to false promise of marriage...........
Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Consent obtained by misconception of fact - Love affair between prosecutrix and accused - Prosecutrix was divorcee - It cannot be said that she was immature and was obvious of fact of life - Prosecutrix also knows that accused is already married and there is bleak possibility of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an accident..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12, 13 -- Eviction - Eviction petition filed after 16 years of local commissioners' report in petitioner case for repair of premises - Premises was constructed in mud around 80 years back - Held that apparent on record that demised shop completely unsafe and unfit for human habitation - However, out of sheer..........
