Topic Details Topics Headnote Judgement LAW OF RELIEF PDF LAW OF RELIEF Non discloser of features for identification, by witness, which would lend some corroboration in TIP, is fatal to prosecution. PDF LAW OF RELIEF If Supreme Court does not invoke the power to punish for its contempt, there is no question of a subordinate Court to do so. PDF LAW OF RELIEF It is the duty of Investigating Officer to conduct the investigation and avoid any kind of mischief or harassment even to the accused persons as well. PDF LAW OF RELIEF Second complaint is not maintainable merely on the ground that some more accused persons are added and some subsequent information is executed. PDF LAW OF RELIEF Under the normal circumstance there can be no second FIR & no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or same occurrence giving rise to one or more cognizable offence. PDF LAW OF RELIEF Absence of direct & preliminary evidence regarding demand & acceptance, which usually comes from the mouth of the complainant, is fatal to prosecution. PDF LAW OF RELIEF Not supporting the alleged cause of death by post-mortem report is fatal to prosecution PDF LAW OF RELIEF Merely because the nature of injuries sustained are perceived to be serious or grave would not automatically attract Section 307, IPC. PDF LAW OF RELIEF Non seizure of recovery article in case of recovery u/s 27, Evidence Act is fatal to prosecution case. PDF LAW OF RELIEF For an offence u/s 306, IPC, it is necessary for the prosecution to at least prima facie establish that accused had an intention to aid or instigate or abet the deceased to commit suicide. PDF LAW OF RELIEF Only acquittal cannot be a ground to register a case for defamation. PDF LAW OF RELIEF It is obligatory on the part of the Family Court to hear the non-applicant before awarding maintenance u/s 26 DV Act. PDF LAW OF RELIEF It is not safe to base conviction on uncorroborated oral dying declaration. PDF