Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately with her parents - Wife proved that dowry harassment and marpeet was committed by husband which is supported by FIR lodged - Allegation against wife that she had relations with someone else provides additional ground to wife to live separately - There is no evidence that she has any..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Evidence of PWs has to be recorded in presence of accused and previously recorded statements, either in same trial or a separate trial, cannot be read in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - False implication - Call details of accused is discarded by prosecution, which was proved by defence witness which shows that accused prior to her arrest had received phone calls from police officials which primarily shows that she was sought to be interrogated in a false..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 9 -- Defendant proceeded ex parte - Such defendant has right to cross examine witnesses of plaintiff, where evidence of plaintiff had not concluded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband alleges that wife is having income as a school teacher - He relied upon on report of Pacific Detective Agency in which it is mentioned that wife is a teacher and is drawing Rs.12,000 p.m - But detective who submitted report not examined in evidence - Moreover, it is a report of private detective..........
Indian Contract Act, 1872, Section 29, Evidence Act, 1872, Section 93 -- Family settlement - Void contract - Failure to take plea - Mere fact that plea is not taken, that the clause in question is vague and hence unenforceable and void will not stand in the way of appellate Court looking into the contract and, if on its terms, it finds it to be vague and unenforceable, it..........
Indian Contract Act, 1872, Section 29, Evidence Act, 1872, Section 93 -- Family settlement - Settlement containing clause between brothers that property in question cannot be sold without concurrence of brothers in writing - Validity of clause in settlement - When it is stated that property cannot be sold without concurrence of three brothers in writing, there cannot be..........
Evidence Act, 1872, Section 108, Railway Services (Pension) Rules, 1993, Rule 9, Railway Service (Conduct) Rules, 1966, Rule 21 -- Burden of proving that person is alive who has not been heard of for seven years - Second Marriage - Husband admitted that husband did second married on ground that first wife left seven years ago and it was presumed that she died - No scope..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Currency notes in question were placed on working table of accused as per demand of accused as stated by PW3 - However, accused till seizure had not touched currency notes in question - Said fact fortified from fact that hand wash of accused being taken, but colour did not turn pink -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Application for discharge dismissed by Trial Court - However, High Court without analyzing any factual aspects of matter proceeded to record that it is a case of no evidence against accused and allowed discharge application - Approach of High court is unacceptable and does not stand the tests of judicial scrutiny -..........
