Indian Penal Code, 1860, Section 302, 364 -- Murder - Death sentence - Validity - Accused committed murder of three innocent children of tender age when they were returning from school, without there being any fault on their part - Act of accused can simply be termed inhumane treatment and torture to victims - At time of incident accused was aged about 28 years and there..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that cheque issued by accused for purchase of scrap of vehicle got dishonoured - Accused admitted that cheque was issued towards purchase of sand - Accused acquitted on ground that complainant could not prove that any scrap vehicle was sold by complainant..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Conviction - Sustainability - Sole testimony of prosecutrix - No medical corroboration - Witnesses who have been shown as eye witnesses did not support prosecution case - Allegations have been levelled against real brother's of prosecutrix's husband - Enmity between the parties have been established much before the..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty & desertion - Wife stayed only for a month in matrimonial home - Petition preferred by husband u/s 9 of the Act was withdrawn as wife had shown her willingness to come to matrimonial home but subsequently she refused to return - After 5 days of withdrawal of petition by husband she preferred another..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Appellant totally blind man - Resident of neighbouring room - Circumstances relating to his coming out taking prosecutrix inside etc. remained unexplained - Prosecutrix failed to explain circumstance in spite of her being capable to understand everything - Held, conviction of accused/appellant liable to be set aside -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder or culpable homicide not amounting to murder - Proof - Death of deceased caused by a reckless act of respondent with knowledge that it is likely to cause death - Held, respondent is guilty of culpable homicide not amounting to murder u/s.304 Part-II IPC - Respondent has undergone imprisonment of approximately six..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Due diligence - No reasons assigned by plaintiff in support of his application for amendment as to why proposed relief was not claimed originally by plaintiff in suit or during its pendency and why required to be claimed in appeal - Reason assigned in support of prayer that lawyer concerned dealing with..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Conviction - Appeal against - Appeal decided in absence of counsel for the accused - Accused should not suffer for the fault of his counsel - Court in such circumstances must appoint another counsel as an amicus curiae to defend the accused - Secondly the appellate court has to look into evidence adduced in..........
Civil Procedure Code, 1908, Section 96, 2(2) -- Sale deed challenged - Failure of plaintiff to pay ad valorem court fee as per court direction - Rejection of plaint - Comes within definition of decree as defined in S.2(2) CPC - It is appeal and not revision which lies - Petition dismissed...........
Indian Penal Code, 1860, Section 302, 324, 323, 34 - - Murder - Proof - Death of deceased occasioned by assault committed by accused-appellant No.4 in abdominal region with knife by inflicting 4-5 knife blows - Held, accused-appellant No.4 had requisite intention if not of causing death, at least, of causing such bodily injury which was likely to cause death - Acts..........
