Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - Investigating Officer did not narrate the exact words spoken by accused at the time of making disclosure statement - He also did not state that accused led him to place where articles were hidden and rather stated that..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
