Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife Is not capable to give birth to child - Wife admitted that her treatment was going on and after taking medications, she has become capable of having a child and she admitted this suggestion that she has not produced any Doctor Certificate in this regard - Both the..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Allegation against mother-in-law - Prima facie not established that appellant had any intention to instigate or aid or abet deceased to commit suicide - Deceased died in her matrimonial home after about 9 years of marriage - Prosecution has failed to prove any circumstances which appellant had created or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant suffered head injury with blood clot in brain and having blurry vision in left eye resulting in permanent disability of 40.70% as per medical examination by doctors - Disability determined as 40.70% as assessed by the doctor...........
Hindu Marriage Act, 1955, Section 12, 13 -- Divorce - Infertility (barrenness) of wife - Divorce petition dismissed on the ground that barrenness is not a ground for divorce within the purview of Hindu Marriage Act - However, in the impugned order it is not clear whether wife was barren or not and no conclusive proof of barrenness of wife is on record - Husband wants to..........
