Indian Penal Code, 1860, Section 498A -- Cruelty - Husband objecting his wife's attending conference at another place as the single lady member - Held, it cannot be deemed as cruelty u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband once slapped deceased wife while taking breakfast - Held, single act on the part of husband, appears to be an act done in a fit of anger as a result of emotional outburst - It cannot amount to cruelty u/s 498-A IPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Permission sought to file written statement after two days of prescribed period of filing written statement - Held, permission is to be allowed as defendant/wife was living in rural area and thus have no knowledge about the intricacies of statutory provisions...........
Indian Penal Code, 1860, Section 302, 307 -- Husband allegedly committed murder of wife and son by inflicting knife injuries - Informant also son - Statement of the eye witness credible - Eye witnesses were natural and most probable - Presence of other persons at the place of occurrence immediately after the commission of crime also probable - Held, issue of motive become..........
Circumstantial evidence -- Husband causing death of wife by giving her a number of knife blows - Prosecution case resting on circumstantial evidence - Following circumstances held incompatible with the innocence of the accused viz (a) Accused absconding after murder of his wife and gave no plausible explanation for his not being found in his house before he was arrested by..........
Civil Procedure Code, 1908, Section 51 -- Wife bringing cash, ornaments and articles to her matrimonial home and entrusting same to husband - Held, husband is bound in a fiduciary capacity to account to the wife whenever she makes a demand...........
Civil Procedure Code, 1908, Section 51 -Proviso (c) - Fiduciary relationship - Meaning - All relationships which are built on mutual trust, dependence and confidence of special variety can certainly be described to be fiduciary relationship - Relationship between husband and wife can safely be held to be fiduciary relationship for the purpose of S.51(c) CPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Failure to plead that she is unable to maintain herself - However, it was pleaded that she has no source of income for her livelihood and her parents are unable to maintain her and her son - Very filing of maintenance petition itself speaks that she is unable to maintain herself and from that itself, Court can..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Section 2 -- Right to compensation - Fatal motor accident - Words `legal representative' occurring in S.166 of M.V. Act has same meaning as defined u/s 2(11 ) of the Code - Deceased second wife of the claimant but not legally wedded - Claimant not dependant on deceased - Claimant neither representing estate..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 452, 148 -- Nature of offence - Murder - Appeal against conviction - Accused brother of deceased entered into house of deceased and on account of property dispute attacked on him and his wife and daughter with lathis - Appellant allegedly hit deceased with iron rod on his head which ultimately caused death - As per..........
