Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a) -- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party cannot take..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Award passed by the Arbitral Tribunal can be interfered with in the proceedings u/ss 34 & 37 of the Act only in a case where the finding is perverse and/or contrary to the evidence and/or the same is against the public policy...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Eye witnesses to the incident not stated that alleged accident has taken place due to rash and negligent act of driver/accused - PW2 and deceased were standing together and PW3 was standing behind the deceased, if really bus has come in a rash and negligent manner and thereafter it went and stopped..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Evidence Act, 1872, Section 3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - In case of circumstantial evidence, each circumstance must be proved beyond reasonable doubt by independent evidence and circumstances so proved must form a complete chain without giving any chance of surmise or conjecture and must also be consisted with the guilt...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
