Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Attempt to murder - Role and involvement of A-2 is not established beyond reasonable doubt while inflicting injuries to injured witness - A-2 acquitted...........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure cannot be allowed - Even..........
Registration Act, 1908, Section 34, 35, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Once sale deed is registered, Registrar has no authority to cancel the registration of sale deed - Moreover, as per S.31 of Specific Relief Act, it is only the Court which has power to cancel an instrument - Unless and until there is provision in Registration Act or..........
Registration Act, 1908, Section 34, 35 -- Registration - Enquiry u/s 34 of the Act is at a stage prior to registration of document and thereafter registering authority becomes functo officio...........
Indian Penal Code, 1860, Section 302, 364, 379, 34 -- Murder - Circumstantial evidence - Identification of dead body - Dead body of deceased recovered from farm of PW1 on information given by A-1 - Same was identified by mother and father of deceased - Dead body was further proved by skull imposition test...........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question - Once it was held that partition was..........
