Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False and baseless allegations against husband implicating him in a case instituted u/s 494 IPC and demand of dowry - Amounts to mental cruelty to husband, which certainly made the husband entitled to a decree of divorce - Divorce rightly granted to husband...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 376, 465, 467 -- Third bail application - Cheating and rape - Prosecutrix is 52 years old and accused is 45 years old - She married accused without seeking divorce from her previous husband - Factum of petitioner being already married is also in the knowledge of prosecutrix - Prosecutrix a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Failure to take wife by husband to place of his service on false plea of no, availability of official accommodation, amounts to mental cruelty to wife, particularly when wife wanted to live along with her husband...........
Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - Disputed land belonging to Government recorded as canal - As per plaintiff, he took permission from ex-proprietor for cultivation of land in 1940 - However, plaintiff was 41 years old when he instituted suit in 1982 which shows that he was born in..........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a), Evidence Act, 1872, Section 3 -- Theft of railway property - Appreciation of evidence - Evidence of PWs.is consistent, corroborative and categorical with respect to incriminating materials recovered from possession of petitioner - Even, false implication of petitioner is ruled out - Moreover, failure to..........
Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court directed to proceed..........
Indian Penal Code, 1860, Section 302, 404, 120B -- Murder - Circumstantial evidence - Administration of poison - PW12, who was running a Medical shop proved the fact that accused purchased sulfas from him - This witness is an independent witness and had no reason to give false evidence against accused - Moreover, nothing incriminating elicited by defence in..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Collusion of bus and jeep - Injuries caused to passengers of bus - Author of site plan not examined - Prosecution witness in cross examination stating that for exculpating guilt of complainant, `false case' foisted upon accused - Failure of prosecution to..........
Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
