Hindu Marriage Act, 1955, Section 11 -- Void marriage - Certificate of registration duly signed by wife clearly carries declaration that marriage was solemnized - There is no reason to disbelieve said documentary evidence of marriage and clear cut declaration therein - Therefore, bald oral assertion in absence of any cogent evidence cannot be accepted - Application u/s 11..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order u/s 319 Cr.P.C should not be passed only because informant or one of witnesses seeks to implicate other person - Sufficient and cogent reasons are required to be assigned by Court so as to satisfy ingredients of provision...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Refusal to marry does not fall under purview of instigation as required to make out an offence u/s 306 IPC...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle was recovered from the possession of accused - Trial Court dismissed the application only on the ground that accused is not having any registered certificate in his name and vehicle is registered in the name of one `B' - However, for releasing the vehicle u/s 451 r/w s.457 Cr.P.C,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Adverse possession -- Plaintiff claiming adverse possession is required to prove the same - If plaintiff fails to prove his adverse possession then adverse inference has to be drawn against plaintiff...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of document - If photocopy of document is proved by way of secondary evidence, then Court is required to give finding if it is copy of original and to satisfy itself that possibility of tampering with document is ruled out...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court while deciding an application U.O.7.R.11 CPC, is required to go through averments as made in the plaint only - Whether said averments are incorrect/correct, same cannot be considered at the stage of deciding application U.O.7.R.11 CPC, unless and until same is evident on the face of it...........
Will -- Proof - Attesting witnesses of Will not examined - Only scribe and Sub-Registrar who registered Will have been examined - This does not satisfy the requirement of S.68 of Evidence Act r/w S.63 of Succession Act - Moreover, evidence of scribe as well as Sub-Registrar, does not in any way help the defendants to establish the truth and genuineness of said Will - Will..........
