Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband failed to examine his parents or any other witness to substantiate his contention that it is wife who is at fault and that she abused him in filthy language and was in dominating nature - In the absence of any evidence from husband's side, it cannot be said that he underwent cruelty in the hands of..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Bharatiya Sakshya Adhiniyam, 2023, Section 60 -- Secondary evidence - Cannot be allowed to be led in the absence of any basis in pleadings...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Allegation that accused was trying to outrage the modesty of victim by pulling her hands - However, statement of witnesses are vague and general from which it is difficult to infer the knowledge of accused that he is aware that he was trying to outrage the modesty of victim and did it with the intention -..........
Criminal Procedure Code, 1973, Section 284, 285 -- Video conferencing - Recording of evidence - Witnesses are living in USA - Use of video conferencing for recording of evidence is no longer an exception but a recognized and judicially endorsed norm - Mere fact that respondents have alleged mala fide intent on part of petitioners based on pending criminal case and absence..........
Indian Penal Code, 1860, Section 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Determination of publisher - Presumption contained in Act of 1867 applies only in absence of evidence - Where accused admits publication of news item, recourse cannot be taken to presumption contained in Act of 1867...........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Conviction based upon hearsay evidence of PW1/ informant and on the basis of photostat copies of alleged letters, completely ignoring the law that photocopy in the absence of original is not admissible - Moreover, statements regarding supplying of original letter to I.O. made by PWs were only bald statements and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
