Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made bald allegation that wife is suffering from mental illness and her behavior is abnormal but he has failed to adduce any documentary evidence thereto - He did not produce medical, documentary and oral evidence of doctor who is treating schizophrenia of wife - Husband has..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Factum of absence of accused at the time of occurrence having been categorically stated in the first intimation - High Court's conclusion that it was duty of accused to establish the plea of alibi is flawed...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Mere suspicion cannot lead to a finding of guilt, especially when there is not available a chain of circumstances, unequivocally pointing to the guilt of accused in the alleged crime...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Proviso - Judgment on admission - Court is not bound to grant relief to plaintiff only on basis of admission of defendant...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner to note down physical features of property - When trial Court felt that for an accurate description of physical features of property would enable it to appreciate evidence on record, then same cannot be said amounting to collection of any evidence - Application rightly allowed...........
Indian Penal Code, 1860, Section 376(2)(f), 417 -- Rape - False pretext of marriage - Complainant from day one had knowledge and was conscious of fact that appellant was in a subsisting marriage though separated - It is upon having an active understanding of circumstances, actions and consequences of acts, that complainant made a reasoned choice to sustain a relationship..........
Indian Penal Code, 1860, Section 376(2)(f), 417 -- Rape - False pretext of marriage - Complainant from day one had knowledge and was conscious of fact that appellant was in a subsisting marriage though separated - It is upon having an active understanding of circumstances, actions and consequences of acts, that complainant made a reasoned choice to sustain a relationship..........
