Indian Penal Code, 1860, Section 420, Passport Act, 1967, Section 12(2) -- Cheating - Prosecution failed to place any evidence to prove that appellant had prior information of A-1 was already possessing a passport or knowingly had furnished false information to the passport authorities that after knowing that A-1 had possessed or holding a passport was applying for second..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 60 -- Murder - Direct evidence - Informant is a direct eye witness to the incidence and cannot be said to be hearsay, for the reason that he had heard the sound of firing - His testimony is corroborated by attending circumstance of appellant being arrested soon after the incidence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 6 -- Murder - Fire arm injury - Incidence of firing, immediately followed by arrest of appellant with the rifle which was used in the shooting, all form part of same transaction and therefore relevant u/s 6 of Evidence Act - I.O has given the description of place of occurrence to..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Illegal gratification - Discharge - Charge sheet contains no allegation against accused to connect him with payment - Except for the bald allegation of participation in alleged conspiracy without giving any details of conspiracy, accused has been roped in the charge..........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
