Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court can quash FIR only when un-controverted allegations do not make an offence...........
Indian Penal Code, 1860, Section 498A -- Mental cruelty - Compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry would amount to mental cruelty...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - If a wife had maintained silence in order to save her marital life and did not lodge report, then her silence for noble cause should not be considered against her by holding that FIR was lodged by way of counter blast to divorce petition - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........
Indian Penal Code, 1860, Section 396 -- Dacoity - Deceased died due to injury caused by bomb explosion, as dacoits while committing dacoity hurled bombs - All PWs categorically stated that they knew accused prior to occurrence and they identified accused as dacoits, as none of accused had masked their faces - Statement of PWs on identification of accused is consistent and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Once the decree was passed in the absence of defendant, O.17.R.2 CPC could not be attracted, as decree was ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Cause shown by defendant having been found to be sufficient - Ex parte decree rightly set aside...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
