Evidence Act, 1872, Section 45 -- Handwriting expert - Ascertaining age of ink - Govt. experts opinion that there is no possibility of ascertaining age of ink of document - It is possible for petitioner to adduce other evidence to prove his contention - Application filed before adducing his evidence - Application cannot be allowed - Application rightly dismissed...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral Tribunal on appreciation of entire evidence on record specifically observed that contractor failed to complete work even within stipulated extended period of time and even abandoned work - Construction company therefore, was justified in rescinding the contract..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Necessity for holding TIP can arise only when accused are not previously known to witnesses - Whole idea of TIP is that witnesses who claim to have seen culprits at the time of occurrence are to identify them from midst of other persons without any aid or any other source...........
Indian Penal Code, 1860, Section 302 -- Murder - Theory of conspiracy was disbelieved by High Court - There was thus, no basis or reason to have upheld conviction of A-2, particularly when on basis of very same set of evidence led by prosecution, principle conspirators involved in the crime were acquitted - Accused acquitted...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness can form basis of conviction...........
Evidence Act, 1872, Section 154 -- Hostile witness - Corroborated part of evidence of a hostile witness regarding commission of offence is admissible - Merely because there is deviation from statement in FIR, witness's statement cannot be termed totally unreliable...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Suspicion howsoever great it may be is not substitute of proof in criminal jurisprudence...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has pointed out some instance of cruelty - However, such instances are not supported by cogent and acceptable evidence of cruelty - Husband neither examined any independent witnesses nor produced any documentary evidence with regard to filing of criminal cases alleging attempt..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made only bald statements about mental disorder of wife - Neither any expert doctor was examined nor produced any documentary evidence by husband to show that wife is suffering from unsoundness of mind - Wife stated that she is ready for any medical test but husband has not made..........
