Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Indian Penal Code, 1860, Section 364A -- Offence u/s 364-A IPC - Appeal against acquittal - There is no independent evaluation of evidence or for that matter of submissions which were recorded by High Court - While deciding criminal appeal on merits, High Court was required to apply its minds to entirety of case including evidence on record before arriving at its..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........
Indian Penal Code, 1860, Section 302, 224, 511 -- Murder - Accused who was already arrested for commission of other offences, made an attempt to escape from custody by attacking deceased/constable causing his death - He made call to control room by using mobile phone of deceased just to divert attention of police so that he could escape in case locked door was opened -..........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Hindu Law -- Joint Hindu Family - Cannot be presumed to be in existence only on basis of Ration Card unless there is evidence that funds of joint Hindu Family were invested in business in tenanted premises...........
