Evidence Act, 1872, Section 3, 61 -- Admissibility of document - Objection as to - Document tendered in evidence and received on file subject to objection raised by petitioner - Its genuineness and veracity will be dealt with at the trial stage - Objection rightly rejected by Sessions Judge...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized non-judicial stamp register - Case under NDPS Act - Seized register is a corroborative piece of evidence - It is therefore directed that certified zerox copy of seized register be obtained and same be placed on record and after that seized non-judicial stamp register will be handed over to petitioner with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant disputing his signatures in Hindi contending that he always signs in English - On summons he signed in Hindi - Whole basis of disputing signatures stands washed away - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Evidence Act, 1872, Section 65 -- Rape - Age - No birth certificate/school certificate - Secondary evidence - Bone ossification test done in another case to prove age of prosecutrix - Already on Court record (even though in another case) which is not disputed by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Conviction of accused No.2 i.e maternal aunt - No motive is established as to why prosecutrix would falsely implicate maternal aunt - Statement of prosecutrix is of sterling quality - Combined evidence of prosecution lays down foundation facts which disclose..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Evidence led by husband is uncontroverted - Parties are living separately since long - There has been a complete breakdown of marriage - Decree of divorce granted...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of a witness - Filing of affidavit of statement in re-examination is not permissible...........
