Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Last seen theory - Merely because accused were seen nearby place where crime occurred and accused was holding the chopper, it cannot be said that deceased was last seen in the company of accused - Last seen theory not proved...........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Recovery of weapon of offence - Recovery from an open place accessible to all - Only on the basis of circumstance of recovery, it cannot be said that prosecution has proved the case beyond reasonable doubt - Accused acquitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 23(1)(b) -- Rejection of divorce petition - Condonation of acts - Single condonation of any act or acts by itself would not be sufficient to reject plaint once there is allegation in the plaint that subsequent to condonation of such acts, same were being repeated - Application dismissed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quarrels, fights or disputes in a marital relationship not abnormal or uncommon - Those quarrels cannot be reckoned as conduct amounting to abetment of suicide unless there is something more in the form of instigation or aiding...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Essence of the offence of abetment of suicide is not what deceased felt, but what the accused intended...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide notes were written weeks before the act of suicide and not in close proximity to the date of suicide - There is no reference to any instigation by accused/wife to prompt the deceased/husband to commit suicide - Suicide notes indicate that deceased felt need to commit suicide - Other than ordinary..........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Dishonest inducement is sine qua non to attract provisions of Ss.415, 420 IPC...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Not preparing the food in time by accused/wife, compelling the husband to do the work of mopping, cleaning as well as washing clothes, dancing in the marriage of her own brother, compelling husband to immediately go back to their place of resident and going to the market along with other persons for shopping..........
