Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Civil Procedure Code, 1908, Section 92, Specific Relief Act, 1963, Section 38 -- Public charities - Suit for possession - Oral gift - Nature of property - Suit property gifted for construction of Dharmshala along with agricultural land - To ensure regular supply of food to religious tourists coming to stay in Dharamshala - More so, it is specifically recorded in oral gift..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Conviction u/s 304(Part I) - Incident occurred at the spur of moment in heat of anger - Admittedly, accused was in drunken condition at the time of incident - Accused was upset with his father and when his father went to offer him food, he ran inside and picked up a knife with which he..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Adulteration - Red chilli powder - Sample found adulterated - Sample taken from eating place, which was kept for cooking/preparation of food - Sale of food item meant for coking/preparation of vegetable/food in an eating place to Food Inspector would amount to sale u/s 2(xiii) of the Act - Accused..........
Evidence Act, 1872, Section 114 -- Adverse inference - Service matter - Regularization - Dispute as to whether 955 employees working in Branch Office of Food Corporation of India (FCI) are employee of FCI or not - Evidence on record shows that all 955 workers were being paid wages directly by FCI - Even nature of work which these workers were performing was of perennial..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife used to mix some powder given by tantric in his food - However, husband himself admitted in his cross-examination that wife never cooked food for him - Allegation not proved - Divorce petition rightly dismissed...........
Prevention of Food Adulteration Act, 1954, Section 7 -- Storage of adulterated food - Adulterated food stored for sale or when such food is stored for making some other food which is sold, such storage is an offence...........
Prevention of Food Adulteration Act, 1954, Section 13 -- Sample of Ghee - Variation between reports of Public Analyst (PA) and Director - Certificate of Director shall supersede the report of PA - S.13(3) Proviso of the Act, makes such a certificate final and conclusive evidence, puts it beyond any shadow of doubt that report of PA loses any significance in proceedings as..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Prosecutrix remained with accused for 10 days at a stretch - During that period accused used to go outside after putting a lock on the door of room - Toilet was situated near the room and prosecutrix used to go to that toilet daily - It is highly improbable that prosecutrix would remain in room all alone and..........
