| Topics |
Headnote |
Judgement |
| LAW OF RELIEF |
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| LAW OF RELIEF |
A contradicted testimony of an interested witness cannot be usually treated as conclusive. |
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| LAW OF RELIEF |
Extra-marital relationship per se, or as such would not come within the ambit of Section 498-A IPC. |
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| LAW OF RELIEF |
First informant being the close relative of the deceased had framed the wife of the deceased so as to wrest his property in absence of his legal heirs, cannot be ruled out. |
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| LAW OF RELIEF |
Conjoint reading of Sections 304-B & 498-A , IPC & 113B, Evidence Act unquestionably base the burden of the prosecution to substantiate the ingredients of both the offences by direct and convincing evidence so as to avail the presumption against the accused. |
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| LAW OF RELIEF |
If the prosecution fails to prove cruelty or harassment by the husband or his relative or the person charged, the person accused of 304-B & 498-A cannot be held guilty by taking refuge only of the presumption available u/s 113B Evidence Act. |
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| LAW OF RELIEF |
When substantial justice & technical considerations are pitted against each other, cause of substantial justice deserves to be preferred. |
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| LAW OF RELIEF |
If the criminal complaint is of the flavour of civil nature, same cannot b sent for investigation to police. |
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| LAW OF RELIEF |
Recording of dying declaration in the presence of relatives is fatal to prosecution. |
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| LAW OF RELIEF |
The ground of ‘illicit relationship’ is not enough to array an accused as ‘relative’ u/s 498-A. |
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| LAW OF RELIEF |
Unintentional & inadvertent mistakes in not recording certain details itself not amounts to violation of Section 5 of PCPNDT Act. |
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| LAW OF RELIEF |
Absence of stains on the clothes corresponding to the alleged injury is fatal to prosecution. |
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