Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Intention to cause death - Cause of injury was due to assault with stone and no fracture was found on head - As per medical evidence such injury was not sufficient to cause death - Oral testimony and medical evidence shows that accused has no intention to cause death of deceased -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within seven years of her marriage otherwise than under normal circumstances as a result of injuries - Sufficient evidence on record to establish that deceased was subjected to cruelty and harassment in connection with demand of dowry soon before her death - Relations between accused and deceased were not..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Tenant contended that since landlord has not sufficient funds for reconstruction thus he cannot be evicted - Contention rejected, as petition cannot be allowed only on that point, since tenant did not cross-examine landlord when he appeared in witness box on the point that..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband admitted his income to be Rs.15,000/- - Grant of one third of income is sufficient for maintenance allowance keeping in view the status of parties - Maintenance pendente lite enhanced from Rs.2,000/- to Rs.5,000/-...........
Indian Penal Code, 1860, Section 302, 364, 34 -- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but identification done is only based on..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because husband was burdened to maintain his new wife, child and parents, is no ground to decline legal right of wife to get maintenance pendente lite, particularly when she has no independent sufficient income to maintain herself and her minor son is also residing with her...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(A)(i) -- Recovery of 389.86 Kg Ganja - Appeal against conviction - Accused convicted on basis of his confession/pleading guilty by submitting pursis - Court below has not discussed any evidence on record already led - Even prosecution has not examined any other witnesses except I.O - Accused in his statement..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Plaintiff shall file all documents which are in his possession alongwith plaint - Plaintiff can file documents at a later point of time by showing sufficient cause...........
Evidence Act, 1872, Section 9 -- Test Identification parade - Delayed TIP - One TIP within 1-1/2 months and another TIP of another accused after one year and within one month of arrest - Though incident took place in broad day light but time for which eye witnesses could see the accused was not sufficient for them to observe the distinguishing features of accused,..........
