Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased and accused used to reside in same house - Prosecution has not brought forward any evidence which could at least establish the fact that at the time of occurrence, accused was inside the house - Prosecution thus, failed to discharge its burden to prove case beyond..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife stated that not only husband but his sisters used to suspect her character which constrained her to leave matrimonial house - She stayed along with husband for four years and never complained previously - She had filed petition for restitution of conjugal rights mentioning the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income from house property and agricultural land - Deprivation of income is not strictly applicable to cases where agricultural income or income from house property is the source - Attendant circumstances have to be considered...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Protection to life and liberty -- Live-in-relationship - Petitioner No.1, 21 years old lady married to one man against her wishes and she constrained to leave matrimonial home and took shelter in house of petitioner No.2, whom she knows for last 3 years - Both the petitioners are living together against wishes of family members of petitioner No.1 - Direction thus, given..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for eviction was dismissed - Plaintiff filed subsequent suit for getting vacant possession of suit house and damages claiming himself as a title holder of suit house - No title was claimed in previous suit, thus whether the plaintiff was title holder or not was not involved directly and indirectly..........
