Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, scandalous, malicious and unproven allegations made in written statement may amount to cruelty - If it is established from evidence that allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and Court can pass a decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False and baseless allegations in written statement - Plea that as husband was casting aspersions on wife's sexual behaviour, as such she was justified in retorting by making a counter allegation - This explanation is wholly unconvincing and does not dilute the act of cruelty, committed by wife - Besides..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation of impotency against husband - Amounts to cruelty, as it is likely to impact husband's self image and adversely affects his mental well being...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations against husband - Imputations and allegations made by wife in her written statement repeatedly reinforced during trial - Even allegation made by wife that she was mistreated or tortured not proved by her - False accusation which are not proved are bound to cause deep hurt and anguish to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 2.900 kg Ganja - Search and seizure - Oral testimony of officials witnesses have given uniform version with regard to search and seizure of contraband - Though both independent witnesses turned hostile, but they have identified their signatures found in mahazar - Police officials have..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Offence u/s 3(2)(vi) - Quashing of final report - Allegation that petitioner being a medical Doctor had created false documents and wound certificates of accused Nos.3 and 4 - However, prosecution has no materials to show that petitioner could be imputed with knowledge or..........
Will -- Grant of probate - Execution of Will duly proved - No one challenged said Will or contested grant despite repeated opportunity upon due service and paper publication - Will is not tainted with any suspicious circumstances - There are no issues like undue influence, coercion or fraud being raised at the trial - As regarding contention of defendant that signature of..........
