Civil Procedure Code, 1908, Order 32, Rule 3, 3A -- Minor - Compromise decree - Suit by minor after attaining majority for cancellation of compromise decree - Limitation - Suit filed after three years of attaining majority of minor - Since compromise decree was void as on the date of attaining majority of minor, limitation of six years for recovery of possession would..........
Hindu Marriage Act, 1955, Section 13B, 23 -- Divorce by mutual consent - At the time of second motion, Court embarks on an enquiry to be satisfied about the particulars, viz. (a) Was the marriage solemnized between the parties; (b) Were the parties living separately for more than one year before the presentation of the petition; (c) Were they not able to live together at..........
Evidence Act, 1872, Section 45 -- Expert Opinion - Comparison of handwriting or signature - Merely because the time gap between admitted and disputed handwriting/signature is long, does not bar Court from sending disputed handwriting/signature for comparison to an expert...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Deceased committed suicide by poisoning - Occurrence took place more than 13 years back - Deceased left one years old child at the time of occurrence, which is being looked after by accused - Accused also faced agony of proceedings for the last 13 years - Some leniency is granted to accused -..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302, 34 -- Murder - Plea of alibi - Deceased stated in his dying declaration that he was burnt at the instance of accused persons just about 10.30 am - However, whereabouts of accused `O' were not surely stated prior to 10.30 am - More so, location of accused `O' was not shown other than place of occurrence..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A -- Dying declaration - Death by burning - Deceased sustained 88% burn injuries - Dying declaration was recorded by Naib Tehsildar after she was informed vide a Memo by police authorities - However, police official who delivered the Memo was never produced or examined before Court - Naib Tehsildar..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Name of accused `R' does not appear until testimony of Pws conducted before Court - Unrelated witnesses does not named the accused `R' directly and they did not even identify him in Court at the time of trial - While they specifically recognized the other accused present in the Court - There is..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Eye witnesses - Testimonies of each of six witnesses have been proved and corroborated by other - Although three witnesses were related to deceased but their presence was very natural and each explained good details of occurrence - Other three villagers who saw the incident seemed natural and..........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Employees of Multi-State Cooperative Bank governed by Multi-State Cooperative Societies Act, are public servants u/s 2(c)(ix) of Act, if society has received any aid or grant from government - Even any grant or any aid at the time of establishment of the society or in any construction or in any..........
