Indian Penal Code, 1860, Section 304B, 498A, 302 -- Dowry death - Cruelty - Death due to kidney failure - Chemical Examiner's report that no common poison could be detected - No other injury detected during post mortem examination - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye..........
Custom -- Valid custom - It must be shown that the alleged custom has the characteristics of a genuine custom viz., that it is accepted willfully as having force of law, and is not a mere practice more or less common - Acts required for establishment of customary law ought to be plural, uniform and constant...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Courts should be extremely careful in assessing facts and circumstances of each case and evidence adduced in trial for purpose of finding whether cruelty meted out to victim has in fact induced her to end life by committing suicide - If it transpires to Court that victim committing suicide was hypersensitive to..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No substantive evidence against accused - All witnesses of fact declared hostile - Prosecution failed to prove its case against accused - Conviction and sentence set aside - Accused acquitted...........
Punjab Security of Land Tenures Act, 1953, Section 14A, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Title dispute between Gram Panchayat or proprietor - Jurisdiction of Civil Court - Such disputes can be resolved only by Court of Collector by way of declaratory petition filed u/s 13-A of 1961 Act and jurisdiction of Civil Court is expressly barred...........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Probate challenged on the ground that probate granted in `common form' and not in `solemn form' - `Common form' of grant of probate, as granted in England is not available in India - Hence it was solemn form only - Moreover, since plaintiff approached Court of Law, and her application for revocation of..........
Indian Penal Code, 1860, Section 394, 34 -- Robbery - Common intention - Accused convicted as they lotted gold ring, an amount of Rs.150, and a mobile phone from complainant - However, complainant not made to identify the mobile and ring allegedly recovered at the instance of accused - Conviction and sentence of accused u/ss 394, 34 IPC set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 384, 342, 34 -- Extortion - Wrongful confinement - Common intention - Accused allegedly extorted complainant for getting promissory notes executed forcibly - Three promissory notes were recovered at the instance of accused - Promissory notes clearly bear signatures of complainant - Accused rightly convicted u/ss 384, 342, 34 IPC - However,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007, Section 42A, Constitution of India, 1950, Article 13, 14, 16, 19, 21, 31A -- Amendment u/s 42-A of the Act - Striking of - Amendment u/s 42-A of the Act states that management and control of jumla mustarka malkan land vests with gram panchayat and shall be utilized and continue to be utilized..........
Family Courts Act, 1984, Section 19(1), (4) -- Appeal - Maintainability - Common order disposing two interlocutory applications filed to set aside ex parte decree and to condone delay - Is appealable u/s 19(1), (4) of the Act - Nomenclature to be assigned is `Matrimonial Appeal'...........
