Interim custody of Child -- Permission to take child abroad sought by mother - Mother is admittedly in charge of child since pendency of original petition for permanent custody of child - Though child requires both the parents, but since mother has to travel abroad for her employment, said opportunity cannot be jeopardized solely because she is a mother - Petitioner being..........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published at the instances of A1 containing defamatory words regarding character of complainant - However, neither original press note/affidavit produced before court nor DW3 admitted attesting affidavit written by A1 - Complainant failed to prove that defamatory words were published at instance of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is necessary for an amendment applicant to set out specifically in his application, seeking leave of Court for amendment in pleadings, as to what is proposed to be omitted from or altered or substituted in or added to original pleadings...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted foundational evidence has to be given being reasons as to why original evidence has not been furnished...........
Criminal trial -- Conviction on the basis of photocopies of letters - Photocopy of document in absence of original is not admissible - Accused acquitted...........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Conviction based upon hearsay evidence of PW1/ informant and on the basis of photostat copies of alleged letters, completely ignoring the law that photocopy in the absence of original is not admissible - Moreover, statements regarding supplying of original letter to I.O. made by PWs were only bald statements and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Insufficiently stamped document - Original document has not been produced - Party cannot be permitted to lead secondary evidence in the absence of instrument in original to make up deficiency of stamp duty and to be dealt in accordance with S.35 of Stamp Act - Application rightly dismissed...........
