Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death by burning - 85% burn injuries - Deceased died due to burning within 1 year of her marriage - Soon before death of deceased she was subjected to harassment and cruelty pursuant to demands of dowry - There existed a live and proximate link between instances of demand of dowry and..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs filed three applications U.O.41.R.27 CPC during pendency of first appeal - First appellate Court discussed only two applications and third application was not decided - By not deciding third application, first appellate Court has committed material irregularity, which..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Deceased died within 4 years of her marriage by consuming poison - Consistent and reliable evidence of father of deceased is on record regarding demands made by accused - Necessary ingredients of S.304-B IPC stands satisfied - Presumption arises against accused u/s 113-B Evidence Act -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.13(2) of P.C. Act to S.13(1)(c) of P.C. Act - Evidence of case was already over and Public prosecutor stated that no witness was to be recalled or re-summoned or to be called or examined even after alteration of charge - Even, accused does not intend to recall or re-summon or examine any witness with..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering discharge application trial Court is not to act as a mere post office - Court has to sift through evidence in order to find out whether there are sufficient grounds to try suspect - Court has to consider broad probabilities, total effect of evidence and documents produced and basic infirmities..........
Evidence Act, 1872, Section 92 -- Proviso (6) - Proviso - Resort to proviso can be only when document leave the question in doubt - However, when a document is a straightforward one and presents no difficulty in construing it, proviso does not apply...........
Evidence Act, 1872, Section 92, 95 -- Parole evidence - Once parties have accepted recitals and contract, respondent could not have adduced a contrary extrinsic parole evidence unless he portrayed ambiguity in language...........
