Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of victim - When there is documentary evidence available on record, medical opinion with regard to age of victim becomes irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Family Courts Act, 1984, Section 14 -- Production of documents - Petitioner is seeking to place on record two letters and whatsapp chats and oral conversations downloaded from mobile belonging to respondent - However, as regarding two letters, no foundation has been laid and that there is no whisper about same in entire..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence in question came on record during course of evidence led by defendant - There was no occasion for plaintiff to have led evidence in affirmative in the absence of any pleadings in written statement - Once said evidence was produced by defendant, plaintiff was well within his rights to lead additional..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Husband alleged that wife was suffering from a serious mental illness namely Schizophrenia, even prior to marriage and that same was knowingly concealed by wife and her family members - However, no certificate of diagnosis or any clinical record produced on record that can..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Nothing on record to indicate that investigation has been carried out in violation of legal principles or that material evidence is being deliberately withheld or ignored - Merely because case put forth by petitioner has not been found to be true by Police, cannot be considered a cause, good..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Time-sensitive data - Data sought to be preserved would inevitably be deleted within certain time frames and further some records sought including CDRs and CCTV..........
Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence - Summoning of person as accused - Court of Session has power u/S. 193 Cr.P.C to summon a person as accused to stand trial, even if he has not been charge-sheeted by the police and whose complexity in the crime appears in evidence available on record...........
