Divorce Act, 1869, Section 37 - - Permanent alimony - Divorce - There is no reason to disbelieve evidence of wife that she has resigned job due to her health condition and she has no income of her own - Even, husband has a house to live but wife and daughter does not have their own shelter to live - Moreover, husband is guilty of desertion, cruelty, rape, sodomy and..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Contempt of Courts Act, 1971, Section 19 -- Appeal - Framing of charges against contemnor - No appeal shall lie against order - Held that: (i) Only one statutory right of appeal u/S.19 of Act is available to contemnor; (ii) Appeal u/S.19(1) of Act is maintainable only if some bone of contention is decided and adverse finding is recorded by High Court in exercise of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Normally Court requires that evidence of a spouse who charges the other spouse with a matrimonial offence should be corroborated...........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Non-issuance of reply notice demanding payment, raises a very serious doubt on the stand taken in written statement as to no, supply of goods by plaintiff - Adverse inference against defendant's conduct drawn...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen together - All prosecution witnesses have candidly deposed that both accused persons were habitual drunkard and late-comers and were engaged under contract of deceased - Even, witnesses have also narrated that both accused persons has made verbal..........
Indian Penal Code, 1860, Section 392, 302, Evidence Act, 1872, Section 114 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments of deceased - Can lead to presumption that accused committed robbery, but charge of murder cannot be brought home unless there is some evidence to show that robbery and murder occurred at the same time i.e in the course of same..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Evidence of husband already concluded - Evidence of wife is going on - Case is at the fag end - It is not appropriate stage to transfer the divorce petition, particularly on the self contradictory allegations levelled by wife which is not even proved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Mere fact that criminal case has been registered against respondent for accident is no ground to establish rash and negligent driving on part of respondent - Copy of FIR and report u/S.173 of Cr.P.C. are not substantive evidence - Tribunal has to base its finds on basis of evidence adduded before it - Claimants have only..........
