Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - False implication - Accused failed to cite any incident of significance to prove that police authorities knew the accused prior to incident or accused and police authorities had some kind of grudge prior to incident due to which police falsely implicated the accused - On the contrary, it is..........
Indian Penal Code, 1860, Section 375 -- Clause IV, 493 - Rape - Consent on the belief of lawful marriage - No evidence on record that prosecutrix was aware of the first marriage of accused - Registration of marriage between accused and prosecutrix was sufficient for prosecutrix to believe that she was legally wedded wife of accused and she cohabited with him under the..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Where there is dispute regarding legitimacy of marriage and declaration regarding the status of marriage of parties to marriage etc. said matters are to be considered by Family Court - In such cases, it is not necessary that it must be between parties to marriage alone, but such relief can be claimed after one..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Dying declaration - Cruelty - Abetment of suicide - Allegation against husband, father-i, law and mother-i, law - Deceased committed suicide in her matrimonial home at the age of 23 within 2 years of her marriage - She specifically stated in her dying declaration that she committed suicide due to..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami property - Purchased in the name of wife - Suit for declaration and permanent injunction - Husband secured a Bank loan for purchase of suit property and property still mortgaged to Bank - Suit property became family home as long as parties are married - Wife left the suit property and never returned -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Family Courts Act, 1984, Section 7 -- Validity of marriage and matrimonial status - Suit for declaration - Within exclusive jurisdiction of Family Court - Jurisdiction of civil Court is excluded - It makes no difference as to whether it is an affirmative relief or a negative relief when declaration is regarding matrimonial status...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental disorder of wife - Husband alleges mental disorder of wife and found her in an unconscious condition at one point of time - However, husband never adduced any medical evidence to show that wife was suffering from any psychiatric disorder - Even husband failed in seeking declaration of his marriage..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 95% burn injuries - Allegation against mother-i, law - No specific allegation of commission of cruelty and harassment upon deceased by accused in connection with demand of dowry except allegation of demand of Rs.25,000 from accused side in treatment of deceased - Deceased was..........
