Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Testimony of eye witness not reliable - Recovery of axe, spade and blood stained clothes not proved on record - Delay in filing FIR not satisfactorily explained - Information regarding dead bodies doubtful - Extra judicial confession also not reliable - Prosecution failed to proved its case..........
Constitution of India, 1950, Article 226 -- Writ petition - Any person affected by any proceedings under Protection of Women from Domestic Violence Act, 2005, prior to initiation of proceedings u/s 12 of said Act, may prefer Special Criminal Application u/art 226 of Constitution if proceedings are beyond the scope and ambit of Act or without any authority in law - However,..........
Doctrine of stare decisis -- Applicability - Decision of High Court which has stood for a long period not to be interfered with to maintain certainty in the judicial decision, on the principle of stare decisis - However, said principle will be applicable where meaning of Statute is ambiguous and capable of more interpretation than one...........
Evidence Act, 1872, Section 17 -- Admission - When an admission is made by a party during proceeding of a case, it is fully binding on that party which is a judicial admission...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12 -- Aggrieved person - There is severance of status of husband and wife after passing of decree of divorce and not when decree for judicial separation is passed - Legal relationship of husband and wife continues even after passing of decree of judicial separation...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Return of Stridhan - Petition filed after decree of judicial separation - Wife has every right to file petition u/s 12 of the Act for return of her stridhan after passing of decree of judicial separation as legal relationship of husband and wife continues even after passing of decree of judicial separation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Mere fact that an accused may feel free to commit an offence again if he is released cannot be a reason for detaining him in custody, as, such an approach, would result in using the power to keep an accused in judicial custody for a different objective, that of preventive detention...........
Criminal Procedure Code, 1973, Section 397 -- Private complaint - Revisional Court directing Magistrate to take cognizance of offence - Such direction is in the nature of putting impediment in judicial discretion exercised by Magistrate - Order held, not proper - Matter remitted back to Magistrate to make further inquiry into complaint and proceed further...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admissions made in judicial proceedings themselves can form the basis of granting relief U.O.12.R.6 CPC for the reason that a judicial admission is placed on a higher pedestal than evidentiary admission...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
