Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Contradictions and discrepancies in the evidence of injured and eye witnesses - None of independent witnesses have supported the case of prosecution - PWs and accused are not in good terms - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Family Court formulated two issues as to paternity of child, and compensation to child for causing mental trauma by denying its paternity - Those issues were unnecessary and unwarranted as far as pleadings are concerned and there was no prayer for any such relief from either side, as parties could not resist or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife not able to substantiate any of her claims of dowry harassment - Making allegations by wife which she had not been able to substantiate either in her pleadings or in her evidence, is a clear act of cruelty...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Important link missing in evidence to connect cheque with that of a legally enforceable debt pertaining to the chit transaction - Accused rightly acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not prejudice the rights of defendants in any manner, more particularly, when they will get a chance to cross-examine the witnesses produced by plaintiff and will also get a chance to rebut the evidence led by him - Application rightly allowed...........
Evidence Act, 1872, Section 3 -- Testimony of eye witness - Minor contradiction in number of injuries in the testimony of eye witness not fatal to prosecution case - Nor can prosecution case altogether be negated because fatal injuries in opinion of autopsy surgeon could not have been caused by recovered knife...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against in-laws - General and omnibus statements against accused persons that they had tortured wife when she stayed in her matrimonial home in absence of her husband - Wife has not sustained any injury at the hands of accused - Prosecution has not..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 7, 9(m), 10 -- Penetrative sexual assault or aggravated sexual assault - Nature of offence - Medical evidence shows that there is no pain, swelling, redness upon the private parts of victim - There was thus, no penetration by accused - Accused thus, committed sexual assault upon victim and since victim was a..........
