Indian Kanoon

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Testimony of police personnel is admissible in trial

My daughter was hanged in her matrimonial home. All witnesses are hostile except the police personnel. The SHO recorded his statement that when he received a call from the PW 5 he immediately reached at the house of the accused and found that they were trying to leave the house. After facing tough resistance from the inmates of the accused he entered the house and found that the deceased was hanged with the fan and both legs were in the air. Some blood and blood stained clothes were found beneath the body. He also stated that blood was coming out of the back, chest and arms. The post mortem report also supports my case. The constable and another police officer are supporting my case.

Circumstantial evidence can be form the basis of conviction if there is no eye witness and circumstances of chain is complete

I am a teacher and the most senior staff member in my school after the principal. When the principal was on leave for ten months, I was in charge of our school. During my tenure as acting head, scholarships were distributed to the students. The list of eligible students was prepared by the principal in consultation with the district school inspector. No changes were made during my tenure, but later on, an investigation was conducted by the Basic Siksha Adhikari in the district and found that as many as 236 students received scholarships without being eligible. The entire allegation was levelled against me. An FIR was lodged, and a charge sheet was submitted. Now, the trial is at an advanced stage. The entire prosecution relies upon circumstantial evidence. There is no evidence regarding the manipulation of data during my tenure. The school inspector signed off on the list of eligible students, and all those who received scholarships were included. What is the possibility of my guilt?

It is not mandatory for the accused to be arrested automatically upon the lodging of an FIR

Whether it is mandatory that the accused may be arrested after lodging an FIR? I am accused in a criminal case punishable under section 323, 504 IPC. When the offence was committed I was in Mumbai where I’m working in a company. The investigating officer is pressuring my family to call me and produce before the court otherwise an arrest warrant will be issued against me. My parents are afraid and they have bribed him to protect me from possible arrest. Now he is not disturbing me. What is the possibility of arrest in that offence?

How to tackle imminent danger posed by stray dogs

I am living in Thane City. In my housing complex, there are stray dogs around 10-12. two of the stray dogs are always biting people out of sudden without any warning. They also charge people who are jogging, delivery guys and kids playing. What we can do to remove the only dogs which are biting people. 6 incidents have been recorded in the last two months for the same dog biting people. What we can do to take dogs away from the society complex. A number of people do not want that dog to be in our complex because it bites their kids. Dog feeding complexes have dedicated places to feed stray dogs yet people are feeding them at the entrance of society buildings or other areas where kids play. Can we charge them for not feeding dogs at assigned places? We are not against feeding but people should obey rules to feed the dog at dedicated places assigned for this task. if we stop them then they are blaming us as if we are opposing them from feeding.

Passport granting officer refused the certified copy of the order and demanding NOC from the court

I was issued a short validity passport valid for five years by a court order in 2021 due to an ongoing criminal case. However, my court case was disposed of and closed in October 2023. I possess a copy of the disposal order for my court case, and I have no pending cases against me in any court of law. I wish to renew my short validity passport to a full ten-year passport.
When I went to apply for my passport renewal, the passport granting officer asked me to bring a No Objection Certificate (NOC) from the court, and my application was put on hold. I informed the granting officer that my case has been disposed of and no case is pending against me in any court. I even presented a certified copy of the disposal order, but the officer refused to accept my application. Subsequently, I went to the session court to obtain the NOC. However, the judge refused to provide the NOC, stating that the court does not issue NOCs for disposed cases. I seek your advice on whether I should approach the High Court regarding this matter.

Wife claiming maintenance whereas she lived only a day with the husband

My wife has recently resigned from her job and filed a maintenance case, demanding 30k per month. The details of my case are as follows: Duration of marriage: 1 year [lived separately since day 1] Children: Nil Marriage Act: Special Marriage Act. Wife’s Education: BCOM + completed a company accountant course + cleared IPCC exams. Currently appearing for CA final exams. Wife’s Employment: She was gainfully employed in an MNC private sector accounting firm, earning Rs 50K. However, she resigned two months before filing the petition. Wife’s Residence: She is staying with her parents but is not mentioned in the petition. Husband’s Education [Me]: BE, Husband’s Residence: Rented Husband’s Occupation: I was employed as an engineer in a mid-scale company, earning 70k. However, I have resigned and am now seeking higher position jobs. Husband’s Liability: I have a personal loan for my brother’s marriage of 3L, paying EMI 15k per month. As we have never lived together, do not have any children, and she is well-educated and was gainfully employed even after marriage, it seems she has purposefully resigned to mentally harass me.