Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused made extra judicial confession through an inland letter addressed to PW19 - However, prosecution has not examined handwriting expert for proving handwritings of accused contained in inland letter allegedly..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - If a man retracts from his promise to marry a woman, consensual sex they had, will not constitute an offence of rape u/s 376 IPC unless it is established that consent for such act was obtained by him by giving a false promise of marriage with no intention of being adhered to and that promise made was false..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - When insurance company was not liable, order of `pay and recover' would not arise...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where claimant was a gratuitous passenger in the offending vehicle, Insurance company would not be liable to reimburse compensation...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Appellant was aged about 19 years old at the time of accident - Left leg of appellant was amputed below knee due to injuries suffered in the accident - Appellant will not be able to perform any physical labour - Though appellant was a gratuitous passenger in the..........
Prevention of Money Laundering Act, 2002, Section 3 -- Money laundering - Petitioners stand discharged of scheduled offence - There is thus, no question of petitioners being prosecuted for illegal gain of property as a result of criminal activity relating to alleged scheduled offence - Proceedings under PMLA quashed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Commercial Courts Act, 2016, Section 12A -- Pre-institution meditation and settlement - Two categories of suits u/s 12-A of the Act are treated differently i.e where plaintiff does not seek urgent relief, plaintiff is statutorily required to exhaust pre-institution mediation, whereas plaintiff seeking urgent interim relief is not required to do so - In a suit where..........
Commercial Courts Act, 2016, Section 12A -- Leave to file suit - Without exhausting remedy of pre-institution meditation - Plaintiff has filed the suit alongwith an application for grant of urgent relief - Court satisfied that application filed by plaintiff for grant of urgent relief is required to be heard urgently - Leave to file suit granted to plaintiff without..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife filed a criminal case against husband u/s 498-A IPC - Considering pendency of criminal case, it would not be justifiable for Court to press upon wife to join back to company of husband - If cruelty really exists then it may have a serious repercussion to force wife to join..........
