Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties have been waiting for a divorce for 10 months and only 2 months time is left to complete the waiting period - Both the parties are unequivocally in agreement about their decision to divorce and there seems to be no..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - General allegation against accused and her family members in suicide note - There were no acts of incitement on the part of accused proximate to the date on which deceased committed suicide - No act is attributed to accused proximate to the time of suicide which was of such a nature that deceased was left with..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Last seen theory - Merely because accused were seen nearby place where crime occurred and accused was holding the chopper, it cannot be said that deceased was last seen in the company of accused - Last seen theory not proved...........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Recovery of weapon of offence - Recovery from an open place accessible to all - Only on the basis of circumstance of recovery, it cannot be said that prosecution has proved the case beyond reasonable doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegations made against accused are of trivial in nature which generally took place in every house - Even if the entire allegations are accepted, it cannot be presumed that there was any instigation on the part of accused - No case is made out warranting prosecution of accused - Accused discharged...........
Agreement to sell -- Specific performance - Readiness and willingness - In order to prove readiness and willingness on the part of plaintiff he was not required to prove flash cash or deposit the amount in Court or to tender to defendant...........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Unilateral withdrawal of consent by wife after receiving part of agreed amount - Held, Family Court was justified in decreeing divorce petition inspite of subsequent withdrawal of consent by wife...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
