Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Wife was having 67-1/2 sovereigns of gold ornaments at the time of marriage - Husband contended that he did not know quantity of gold ornaments his wife had - To plead ignorance regarding gold ornaments which was very much kept in the house of husband cannot be believed - Testimony of wife coupled with..........
Evidence Act, 1872, Section 24, 25, 26, 27, 28, 29, 30 -- Confession - is a form of admission consisting of direct acknowledgement of guilt in a criminal charge...........
Evidence Act, 1872, Section 24, 25, 26, 27, 28, 29, 30 -- Confession - recorded by police officer is undoubtedly equated to a confession recorded by a judicial Magistrate u/s 164 Cr.P.C - Said confession is a substantive piece of evidence...........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Where application for additional evidence is filed during pendency of appeal, it is incumbent upon appellate Court to consider and decide the same at the time of final decision of appeal on merits as to whether..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - No explanation as to why application not filed at earliest - However, documents filed along with applications U.O.41.R.27 CPC are necessary to pronounce judgment - Applications rightly allowed and appellate Court rightly remanded matter back to trial Court...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
