Agreement to sell -- Specific performance - Intention of parties in agreements spells out plaintiff's liability for obtaining required NOC - Plaintiff has led no evidence to indicate that he took any proactive steps to obtain purported NOC necessary to execute sale deed - Presence of defendants before Sub-Registrar on the date of execution is not disputed - Plaintiffs..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Not an empty formality - Accused must be explained circumstances appearing in evidence against him so that he can offer an explanation...........
Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of any witness cannot be discarded as a whole on basis of hostility...........
Indian Penal Code, 1860, Section 304B, 302 -- Conviction u/s 304-B - Conviction of accused u/s 302 IPC on basis of circumstantial evidence - When offence u/s 304-B IPC is proved by prosecution beyond reasonable doubt then trial Court is not required to enter the arena of offence u/s 302 IPC - Conviction u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Accused and deceased used to reside in the same house - Burden to prove factum of death of deceased cannot be shifted on shoulders of accused unless prosecution first of all discharges its burden by proving the fact that at the time of alleged occurrence or at the time when..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased and accused used to reside in same house - Prosecution has not brought forward any evidence which could at least establish the fact that at the time of occurrence, accused was inside the house - Prosecution thus, failed to discharge its burden to prove case beyond..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Neither ground of desertion considered by trial Court nor framed any issue in relation to that - Trial Court passed the judgment only on the aspect of cruelty - When specific ground was pleaded and was allowed to be pleaded, it was duty of trial Court to frame issue in that regard and to permit the..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.498-A, 306 IPC to S.302 IPC - Accused was not given opportunity to defend himself against altered charge for which he was convicted - No evidence against accused with regard to offence u/s 302 IPC - Conviction and sentence set aside - Accused acquitted u/s 302 IPC...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - When author of document in question confirms its genuineness sending documents for determination of age of ink will not serve any purpose - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
