Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Proof - Contradictory statements of PW2 (mother) and PW3 (wife) and also contradictory statement of PW3 recorded earlier in mutation proceedings to establish marriage with one `S' - Moreover there is no other evidence other than self serving statements of PW2 & PW3 which are not sufficient to establish marriage of PW3..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Date, year and time etc. of alleged dowry demand as well as manner of torture not mentioned - No supportive evidence as regards such payment of dowry except herself - Her father and other family members not examined in support of her statement that she was subjected to torture and about such payment - None of witnesses..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - PW4 made a statement that accused came to his house and confessed that 22 or 23 days earlier he had murdered deceased - Accused stated before PW4 that he had a quarrel with deceased and he gave a blow with an axe on head of deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Bail - Offences u/ss 354, 354-D, 506 IPC and S.12 POCSO Act - As against total 16 witnesses cited by prosecution, only 3 witnesses have been examined - Moreover, prosecutrix has improved her earlier version as..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Cheque issued - Nothing taken in writing as accused was known to complainant and had also earlier taken loan and returned the same - Signature on cheque not disputed - In statement u/s 313 Cr.P.C. accused has not given any satisfactory expalanton as to how cheque executed and signed by him,..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Plea of mistaken identity of accused - Eye witness/PW8 stated that he had seen A-6 and other accused earlier when they had been identified to him - A-3, A-4 and A-5 were arrested on same day, though A-6 was arrested subsequently - Recovery of weapons was also made due to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
