Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused has gone missing immediately after death of his wife and was arrested after 15 days - Deceased was living with her husband/accused along with children - It was for accused to explain circumstances under which deceased died in his house, which he failed to explain -..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - Principle underlying exclusion of police from TIP is two fold: (i) to remove any undue influence of prosecuting or investigating agency on the identifying witnesses; and (ii) to comply with the provisions of S.162 Cr.P.C. which prohibits conduct of identification parades by police officers...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - To be ascertained from attending circumstances and life which parties have led before approaching Court - If conduct of one spouse against his/her spouse is such that latter undergoes immense mental pain and suffering, making it impossible for him/her to continue living with the other spouse, then they cannot..........
Agreement to sell -- Specific performance - Agreement cancelled by parties - Plea of non cancellation of agreement on the ground that instead of Rs.62,500/- an amount of Rs.61,434/- was paid - Cheque of Rs.61,434/- alongwith a letter was issued - Cheque was encashed - Letter was not replied by refuting the averments thereof - Held, this overt conduct clearly demonstrates..........
Constitution of India, 1950, Article 32 -- Custody of child - Child removed and brought to India by mother from the custody of father (citizen of UK) - Courts in India may Conduct: (a) summary inquiry; or (b) an elaborate inquiry on the question of custody - Principle of comity of Courts cannot be given primacy or more weightage for deciding the matter of custody or for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of society regarding commission of..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Prosecutrix aged 12 years kidnapped and raped by accused - Doctor who examined prosecutrix categorically opined that she was sexually exploited - Presence of accused `V' and `M' accompanied with main accused `R' established on record - Conviction of these accused thus maintained - As regarding..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction u/s 9 of the Act - Evidence on record prove that accused has committed sexual assault on prosecutrix but manner in which sexual assault is committed does not bring case within sweep of S.9 of the Act - Thus, accused deserves to be convicted for offence u/s 8 of the Act, which..........
Agreement to sell -- Specific performance - Act and conduct - Suit filed on the date specified for registration of sale deed - Plaintiff did not comply with the terms of contract and rushed to the Court post haste - Equitable relief of specific performance can be denied by reading some dubiety, down into the conduct of plaintiff - Relief of specific performance rightly..........
Mohammadan Law/Mohammedan Law -- Suit for restitution of conjugal rights by husband - Husband contracted second marriage during pendency of suit - Conduct of husband is not bonafide - Wife is thus, reasonable and justified in staying away from her husband - Though Muslim husband has a right to contract marriage more than once, however, decision in a suit for restitution of..........
