Criminal Procedure Code, 1973, Section 428, Indian Penal Code, 1860, Section 255, 258, 420 -- Set off - Accused was under-trial prisoner - Nothing on record showing that accused was remand prisoner at relevant period of time - Accused being confined in jail throughout the trial period and being produced before the trial Court periodically - Merely because he was not..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused raped prosecutrix when she went in his house to buy beedi and when she went after 5-6 days, she was again raped by other accused - No evidence that prosecutrix was less than 16 years at the time of incident - Delay of 3 months in lodging FIR not explained - Prosecution version that accused raped in the room when her..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When a case or any part thereof may be disposed of on an issue of law only, Court may try that issue first, if that issue relates to : (a) jurisdiction of the Court; or (b) a bar to the suit created by any law for the time being in force...........
Adverse possession -- Possession whether permissive - Transferee when put into possession in pursuance of any oral transfer or a deed of transfer not registered with clear animus and on the distinct understanding that from that time onwards, he shall have no right of title to the property then transferee after getting into possession retains the same with the clear animus..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 2(aa), 2(e), 4, 5 -- Punjab Urban Estates (Development and Regulation) Act, 1964 - 'Provisional price', 'tentative price' - There is nothing in the Act or Rules from which it can be inferred that tentative price is synonymous with the provisional price and that a person to whom the plot has been allotted on provisional..........
Limitation Act, 1963, Section 27 -- Adverse possession - Proof - Evidence of defendant shows that house was constructed about 25 years back - As per evidence of plaintiff, house was constructed about 8-9 years back, but yet he deposed that at the time when house was constructed, he objected to its construction - One witness in another case stated that house was constructed..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death and cruelty - Accused subject deceased wife to cruelty on account of dowry demand - Deceased died of burn injuries - No evidence to indicate that there was any demand for dowry - No incident of harassment which could actuate accused to induce his wife to end her life - Father of..........
Evidence Act, 1872, Section 145, 3 -- Contradiction in evidence of eye witnesses - Murder case - Witnesses stated in examination-in-chief that they were present at the time of incident - However, in cross examination they stated that they reached at the spot after the incident - Contradiction was not put to witness u/s 145 of the Act - Held, accused cannot take any benefit..........
Motor Vehicles Act, 1988, Section 166, 15 -- Accident - Compensation - Driving licence had expired at the time of accident - It was renewed subsequently - Plea of insurance company that no liability can be fastened on it as driving licence was not valid - Held, plea not tenable - The driver of the offending vehicle was not disqualified from holding or obtaining a driving..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Except evidence of interested witnesses i.e. parents, no other witness supported prosecution case regarding demand and acceptance of dowry - Even the evidence of interested witnesses not consistent as to whom amount was paid - No betrothal ceremony held thus showing that..........
