Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Wife forgave and condoned criminal acts/crimes of husband towards her - She has credibly explained this by saying that she wanted to save husband as also his job as a teacher - Attempt of husband to take advantage of dismissal and closure of earlier crimes and cases against him could surely not..........
Criminal trial -- Circumstantial evidence - In a case based on circumstantial evidence, prosecution is obliged to prove each circumstance, taken cumulatively to form a chain so complete that there is no escape from the conclusion that within all human probabilities, crime was committed by accused and none else - Further, facts so proved should unerringly point towards..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - Objections to the effect that property does not belong to accused can also be raised within six months from the date of such attachment - However, it does not bar raising of objection prior to attachment...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court while dealing with application u/s 254(3) BNSS, must consider apprehension of improvisation by prosecution witnesses in their cross-examination to circumvent defence strategy - If appreciation is well founded, it can hamper the prospects of a fair..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
