Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 113B -- Dowry death - Proof - Death of wife of appellant due to strangulation within 7 years of marriage - Evidence on record established that she was harassed for dowry - Building in which appellant and deceased were living consists of four portions where others were also living - Held, appellant..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Presumption as to - Held, a child born during continuance of a valid marriage shall be a conclusive proof that child is a legitimate child of man to whom lady giving birth is married - It can be denied only if it is shown that parties to marriage have no access to each other at any time when child could have been..........
Evidence Act, 1872, Section 112 -- Scientific evidence - Held, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, then latter must prevail over former...........
Evidence Act, 1872, Section 112, 114 -- Legal fiction & presumption of fact - Distinction - Held, legal fiction assumes existence of a fact which may not really exist - However, presumption of a fact depends on satisfaction of certain circumstances - Those circumstances logically would lead to the fact sought to be presumed - S.112 of Evidence Act does not create a legal..........
Evidence Act, 1872, Section 3 -- Evidence - Means documentary and oral evidence - Sometimes production of a document alone would be sufficient to prove a particular fact - But in some other cases to prove documentary evidence it may be necessary to adduce oral evidence...........
Criminal Procedure Code, 1973, Section 319, 482, Indian Penal Code, 1860, Section 498A, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Applicants-accused persons were brother-i, law and sisters-i, law having no connection in domestic affairs of husband and respondent-wife - They were not members of same household - Allegations leveled against..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Conviction - Validity - Accused alleged to have committed murder of his wife along with co-accused - Victim found lying dead inside bedroom in consequence of injuries suffered by her - Attempt was made to burn her body - Failure of accused to establish that he was away from his house at..........
Delhi Rent Control Act, 1958, Section 25B(8), 14, Civil Procedure Code, 1908, Section 115 -- Eviction - Revisional jurisdiction - Exercise of - Held, finding of fact arrived at by Controller would not be interfered with by High Court unless it can be shown that finding has been arrived at by misreading or omitting relevant evidence and this has resulted in gross injustice..........
Evidence Act, 1872, Section 50 -- Proof of relationship - Need not to be proved only in the manner provided in S.50 of the Act - It can be proved by any other means...........
