Evidence Act, 1872, Section 32 -- Dying declaration - Disbelieved qua one accused - Same dying declaration cannot be made basis to convict another accused - Accused acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Except vague allegation there is nothing in the evidence of relative witnesses to support prosecution case - No evidence on record to prove beyond reasonable doubt that deceased was harassed on account of non-fulfillment of demand of dowry - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Evidence Act, 1872, Section 45 -- Expert opinion - Mere delay or laches on the part of plaintiffs in filing application cannot be a sole ground to reject the request, particularly when Court finds that it is essential to send the document for examination by expert - Application for expert opinion can be entertained even at a belated stage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife attempted to commit suicide and suicide note is on record - However, wife explained in her evidence that she was made to write note literally under duress from husband and only to avoid being forced out of matrimonial home by husband - No ground of cruelty is made..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Commission cannot be issued for the purpose of collection of evidence or creating evidence...........
