Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In matrimonial cases statement of parties to marriage is sufficient as they are potential witnesses - Observation of trial Court that husband did not examine any independent witness is fallacious...........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C is mandatory in nature and such an enquiry should be conducted before proceeding further in cases involving allegation of commission of offences u/ss 192, 193, 195 IPC...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........
Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are determined to live separately and not to reconcile the issues between them - Meditation attempts between parties have failed - There are irreconcilable difference between parties rendering the marriage as of today, a mere legal fiction - Though irretrievable breakdown of marriage is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - Convenience of wife has to be seen more in matrimonial cases - Request of wife can be declined only if there are weighty reasons behind the same...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
