Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - Love affair between accused and deceased for some time and prior to incident they broke up - Accused was pursuing to continue with the affair in which deceased was not interested - There is evidence of witnesses that deceased earlier warned accused that if he continues to harass her, she will..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Ganja - Independent witnesses not supported prosecution case and turned hostile, but they admitted their signatures on relevant documents - Official witnesses however, have unequivocally stated about search and seizure of contraband from possession of accused - Defence has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Rejection of - Non-examination of author of FIR - Owner-cum-driver of car in which deceased was sitting is not only the author of FIR, but instead he is one of contesting respondents in claim petition who along with insurance company, is an interested party with a pecuniary stake in the result of case -..........
Evidence Act, 1872, Section 3 -- Relative/interested witness - Mere relationship between deceased and witnesses is no ground to discard their version unless same suffers from patent absurdity or improbabilities...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of grandparents of child - Application for custody of child filed by mother - Mother of child stated that she was thrown out of matrimonial home - There is bitterness in relationships between father and mother of child and also petitioners - Effort on part of petitioners in connivance with father of..........
Evidence Act, 1872, Section 3 -- Interested/related witness - Testimony of a related or an interested witness can be taken into consideration with additional burden on Court in such cases to carefully scrutinize such evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of wife of being interested in remaining in her room or not showing initiative in doing household work can by no stretch of imagination be described as cruel behavior and that too upon husband - Divorce petition rightly dismissed...........
Insolvency and Bankruptcy Code, 2016, Section 3(8), 3(31), 5(7) -- Secured Interest and Financial creditor - Roles and Distinction - Person having secured interest shall have only interest of realising value of its security - While financial creditor apart from looking at safeguards of its own interests, would also and simultaneously be interested in rejuvenation, revival..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
