Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty cannot be assessed only on basis of any single incident and all incidents referred and evidence led are to be examined in cumulative manner in order to arrive at conclusion as to whether cruelty has taken place or not...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed solely for the purpose of collecting evidence - Rather, appointment is restricted to purposes of detention, preservation and inspection of subject matter of suits...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unnatural offence - When testimony of victim or complainant are not trustworthy nor find corroboration from medical evidence, delay in lodging FIR also assumes significance...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(viii)(ix), (3)(2)(vii) -- Offences u/ss 3(1)(viii), (ix), (3)(2)(vii) of SC/ST Act - Specific instances and incidents supported by evidence are required to be present for attracting offences in question - Merely because a number of cases and various litigations are pending between..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Child flatly refused to go with father - Mother supporting child through business - Neither there is any female member in family of father nor father provided any evidence of being financially stable to take better care of son - Custody awarded to mother with visitation rights to father...........
