Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Indian Penal Code, 1860, Section 302 -- Murder - First and foremost aspect to be proved by prosecution is factum of homicidal death - If evidence of prosecution falls short of proof of homicidal death of deceased, and if possibility of suicidal death could not be ruled out, appellant-accused could not be convicted merely on the basis of theory of "Last seen together"...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Presence of wife not required being a civil matter - Wife can instruct her counsel whenever her presence is not essential - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Arbitration proceedings - Dispute between two signatories of contract - Impleadment of third person is thus, not necessary, who is an alien to an agreement, who is not at all affected nor a signatory to it and who is not at all necessary to be impleaded in order to get it determined and..........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Civil Procedure Code, 1908, Order 19, Rule 3, 9, Allahabad High Court Rules, 1952 -- Chapter IV, R.12 - Affidavit - Person making averments in the affidavit must disclose as to what facts are true to his personal knowledge, what facts are true on the basis of information received from others which he believed to be true and what facts are based on information derived from..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506, 509, 34 -- Offence u/ss 506, 509, 34 IPC - Discharge - Altercation - Beyond this nothing to show that there was any criminal intimidation or outraging of modesty - Accused rightly discharged...........
Indian Penal Code, 1860, Section 302 -- Murder - Single injury - There is no hard and fast rule that in case of single injury, provisions of S.302 IPC would not be attracted...........
