Indian Penal Code, 1860, Section 153A(1)(a), (b), 295A, 298, 505(2) -- Hate speech - Falsity of accusation would not be sufficient to constitute criminal offence of hate speech...........
Criminal trial -- Truth or falsity of contents of a complaint does not depend upon time taken to lodge complaint, but upon facts and circumstances of each case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon wife - Allegation of sodomy and unnatural sex against husband - Wife alleges that husband made sexual relation against her wishes like a beast forcibly in a very brutal and cruel way against the order of nature several times and committed sodomy and unnatural sex - Husband did not put any question in her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is mandatory for Court to allow all amendments which are necessary for the purpose of determining real controversy between parties - At the same time, Court is not obligated to go into correctness or falsity of case of either side in amendment...........
Will -- Execution - Role of scribe or identifying witness - Scribe or identifying witnesses cannot speak for attestors rather only attestors can speak for due execution of Will - In the instant case, though scribe and identified witnesses had witnesses the execution of Will by executant - But law did not allow them to speak about execution as there was no animo attestandi..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or ejecting the prayer of amendment - At the same time, Court is not obliged to go into correctness or falsity of case of either side in amendment...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 10 days in filing appeal - Number of days of delay in filing appeal may be insignificant but where falsity underlines application it has to be dismissed in interest of justice to keep stream of administration of justice pure - Application rightly rejected...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - FIR lodged after delay of 4 days - No explanation given for such delay despite Panchayat held on next day of incident - Evidence available on record is only of interested witnesses that too without any corroboration from medical evidence - No injury found on body of victim - Suspicious circumstances divulged out..........
