Criminal Procedure Code, 1973, Section 145 -- Appointment of receiver - Validity - Petitioner party claiming their right over three groups in the apex body and present petitioner party was not in possession nor were president of the body before election - Petitioner Party claiming their right over a place - Opportunity was given to Both parties to produce evidence and..........
Criminal trial -- Principles of criminal jurisprudence - There is a vast distance between "may be true" and "must be true" - Prosecution has to cover the said distance - Prosecution is required to prove its case beyond reasonable doubt - Case must be proved by cogent and convincing evidence, no matter how strong the suspicion may be, but it cannot take the place of proof...........
Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Both the accused persons identified the room where allegedly deceased was killed - However, as no incriminating evidence was recovered from the said room, therefore mere identification of room is irrelevant - Moreover, since accused `S' already identified the said room, identification..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Burden of proof in a suit filed u/s 6 of Act, is that of plaintiff to prove that he was in prior possession of suit premises and that said prior possession must date back to six months prior to date of forcible dispossession - However, incidental to that it would also be necessary to consider the case of defendant as..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Burden of proof - Since the initial burden lies on plaintiff to prove that he was in possession of suit premises at any time six months prior to date of filing of suit, same is discharged by leading cogent evidence and documents on record - On the other hand defendant failed to prove that he was in possession of suit..........
Criminal Procedure Code, 1973, Section 319 -- Adding person as an accused - Proof - No allegation against respondent to suggest that she ever instigated or abetted deceased to commit suicide - It is for first time petitioner raised a bald allegation in testimony before court - Held, assertion is not sufficient to summon respondent as an additional accused...........
Indian Penal Code, 1860, Section 147, 323, 506, 149 -- Rioting - Voluntary causing hurt - Proof - Victim deposed that all accused dragged him on metaled road but no injury was found on back of complainant as per medical evidence - Other injuries attributed to accused were simple in nature - Evidence of witnesses states that victim is of making false allegation against..........
Motor Vehicles Act, 1988, Section 166, Criminal Procedure Code, 1973, Section 154 -- Accident - Compensation - Proof - Specific mention by eye-witness that it was due to rash and negligent driving of claimant road accident took place resulting into death of deceased - Statement of eye witness fully corroborated by FIR - Though FIR is not substantial piece of evidence but..........
Indian Penal Code, 1860, Section 376 -- Rape - Story of prosecutrix that accused has taken her nude photographs while she was bathing is highly improbable as no efforts were made by investigating officer to operate said mobile phone in order to ascertain the factum of such photographs - Moreover, prosecutrix also stated that accused is known to her and he came to her house..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When parties to suits are placed on equal footing and both the parties to suits are not prepared to waive their right to begin the case, then it shall be decided by Court as to who is to lead evidence at the first instance in proof of his case...........