Indian Penal Code, 1860, Section 318, 34 -- Concealment of birth by secret disposal of dead body of infant - Mother of child herself admitted that she buried the dead infant in the kitchen garden - There is no evidence against accused for the offence u/s 318, 34 IPC - Benefit of doubt must be given to accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4, 45(1) -- Bail - Proceeds of crime - Accused is not rustic or illiterate lady as she has been working as Visa Officer in Greek Embassy - Crores of rupees spent by her in purchasing immovable assets and also having credit entries of Rs.2 crore in bank - She has never filed her..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Concealment of fact by wife - As per evidence on record wife has become advocate and she has number of bank accounts maintained by her - Amount has to be fixed by keeping in view income of husband as well as income of aggrieved party requiring her to live with standard of living to..........
Hindu Marriage Act, 1955, Section 12(i)(c) -- Annulment of marriage - Concealment of physical deformity and infection in private parts of wife - Evidence on record shows that PWs have no personal knowledge about allegations of physical deformity of wife - No effort was made by husband to get wife medically examined from competent doctor - Evidence adduced by wife to show..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with..........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife deserted husband on ground of fraud being played by husband in the matter of marriage regarding concealment of fact that he was dumb (unable to speak) - However, such allegation had been raised after 19 years of marriage and birth of two children - It is not possible to accept wife's belated..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bonafide requirement - Concealment of fact of availability of additional room, which is actually a shed (Dhara) - Since additional room is merely a shed and an outhouse, which is not put to use for residential purposes by family, landlady was not required to plead the same - Contention rejected...........
