Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Evidence Act, 1872, Section 102 -- Burden of proof - Will - Burden of proving Will by evidence is upon its propounder - However, in cases where validity of Will is challenged on the ground of fraud, coercion or undue influence, burden of proof would be on the caveator...........
Indian Penal Code, 1860, Section 363, 376, 114, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 5L, 6, 17 -- Kidnapping and rape - Abetment of offence - Accused neither aided the commission of offence employed, harboured nor transported the child by coercion by aiding the commission of crime - He was not even present during the commission of offence..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Marriage performed between parties 3 days after wife gave birth to child - Wife lodged a false complaint before police and police have forcibly taken husband to temple and forced him to marry with wife - Husband has not given his consent to marriage and marriage was not as per customs and rituals, as it was performed..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Claims sought to be submitted to arbitration were raised as afterthought - Plea of coercion and economic duress leading to settlement agreement is an afterthought - High Court committed error in allowing application u/s 11(6) of the Act - Order of High Court set aside...........
