Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because act of an accused is highly insulting to deceased by using abusive language would not by itself constitute abetment of suicide - There should be evidence suggesting that accused intended by such act to instigate deceased to commit suicide...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Accused will be discharged only on following grounds : (i) Where evidence produced is not sufficient; (ii) Where there is no ground for proceeding against accused; (iii) Where no sanction has been obtained; (iv) Where prosecution is clearly barred by limitation; (v) Where he is precluded from proceeding because of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife prioritized her academics or career - However, evidence on record shows that both parties are equally qualified and educated and pursuing their careers as they desire and both are not ready to compromise on each other's priorities and consequently, have some..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Seventeen effective opportunities had been granted to defendant to lead evidence and her evidence was already closed - Application filed only to delay the suit filed by plaintiff - Moreover, O.18.R.17-A CPC has already been deleted, there is thus, no right to lead additional evidence - Application..........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132(1), (c), (f), (h) -- Bail - Offence u/s 132(1), (c), (f), (h) of Central Goods and Services Tax Act - Appellant is in custody for a period of almost 7 months - Case is triable by a Court of a judicial Magistrate - Sentence is limited and prosecution is based on documentary..........
