Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Protection of Children from Sexual Offences Act, 2012, Section 28(2), Indian Penal Code, 1860, Section 354, 354A, 451, 506(iii), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 354, 354A, 451, 506(iii) IPC and S.3(2)(va) of SC/ST Act - Two offences occurred within a gap of half an hour and at the same place -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused is 50 years of age now - Appeal against conviction is pending since the year 2009 - Ends of justice would be met if sentence imposed against accused is reduced to 7 years while maintaining the fine and default sentence should be of S.I...........
