Customs Act, 1962, Section 108 -- Statements recorded u/s 108 of Customs Act by duly authorized Customs Officers are admissible in evidence and do not attract bar contained in Ss.24, 30, 34 of Evidence Act, provided they are made voluntarily...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Version of wife is natural, cogent and inspires confidence in the mind of Court - Petitioner subjected her to cruelty which is proved on record - Slight discrepancies in her evidence while narrating dates of incident cannot be considered fatal to prosecution case, as she is a rustic village woman - Conviction upheld -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Absence of any suicide note implicating appellant, though not decisive by itself, assumes significance where evidence is otherwise general in nature...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of rebuttal to plaintiffs would be with respect to issues on which onus is on defendants and said right will have to be specifically reserved at the time of closing evidence in affirmative or at the stage prior to which defendants lead their evidence - In case no such right is reserved, then said..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Non-framing of specific issues - Pleadings to constitute grounds of cruelty and desertion were made in divorce petition and wife could understand the true nature of divorce petition that same has been filed on the grounds of cruelty and desertion and averments of divorce petition were..........
