Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession by accused made before 200-300 persons, wherein firstly accused refused before them regarding commission of murder but on being insisted and repeatedly asked he has made confession that he has committed murder of his brother - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Last seen theory - Merely because accused was last seen with deceased, he cannot be convicted solely on that basis, particularly when there is no other connecting links and no other incriminating circumstance which leads to hypothesis of guilt against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Quarrel took place between parties regarding borewell prior to incident in question - Threats were administered by accused - Prosecution proved discovery of weapon of offence - Blood group of deceased was found from weapon which was discovered at the instance of accused - More than one injuries..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Wife stated that she was deceitfully taken to a temple by offering `Prasad' spiked with some drug and her signatures were obtained on blank papers - However, no evidence on record as to why wife remained silent almost for a period of 6 years - Nothing prevented wife..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Accused tried to hide the evidence i.e. iron rod with which he assaulted his wife - Accused locked the door from outside when he went to meet his sister - Even after he brought his sister back to his home, he sent both his children to his sister's house and then he took his wife to hospital - Whole chain of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - If a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
