Evidence Act, 1872, Section 3 -- Testimony of witness - Minor discrepancies may not discredit testimony of a witness, but material contradictions which affect the core of prosecution case render the evidence unreliable...........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - Where owner of establishment itself is alleged to have committed serious offence including rape and there are..........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - No specific allegations of sexual or abuse made against petitioners 2 to 4 apart from threats to implicate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 3 -- Ad interim injunction - Order granting ad interim injunction by dispensing with notice to respondents - Revision against such an order is maintainable...........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Absence of a suggestion to a witness may not be the deciding factor in determining the outcome of a plea - However, in the wheel of consideration of all facts in issue and their legal implication, the absence of a suggestion constitutes an important cog in the wheel of consideration - Timing, absence of..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
Indian Penal Code, 1860, Section 302, 341, 323, 148, 149, Arms Act, 1959, Section 3, 25 -- Murder - Previous enmity between complainant party and accused `G' - No weapon of offence has been recovered by police at the instance of any of accused - Even, there is no FSL Report regarding empty shell of seized cartridge - Further, main accused persons `D', `G' and `Dh' were..........
