Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife on ground of cruelty - Wife not proved allegation of cruelty - Mere fact that husband has not offered himself for cross examination is of no relevance in the background of fact that wife herself has not established ground of cruelty...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages and injunction - Plaintiff in his cross-examination admitted that he was in possession of key of lock which is locked to the gate of property in dispute - When such a fact is pleaded by plaintiff, it is for him to prove such a fact and defendant cannot enter into issue and ask for production of key -..........
Service -- Dismissal - Disciplinary inquiry - Allegations in the charge sheet were based on documentary evidence which was before the inquiry officer - There was no factual dispute about the correctness of illegalities and irregularities alleged in the charge sheet - Principles of natural justice were followed during the disciplinary inquiry - Respondent/employee..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Will -- Unregistered Will - Suspicious circumstance - Both scribe as well as attesting witnesses admitted in their cross-examination that contents of Will had not been read over and explained to testator - Unregistered Will thus, not executed by testator knowingly and willingly - Will is surrounded by suspicious circumstance...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Indian Penal Code, 1860, Section 468, 120B, 271, 465 -- Offence u/ss 468, 120-B, 271, 465 IPC - Appellant being a Development Officer of LIC was found guilty of being instrumental together with a co-convict, in obtaining settlement of two insurance claims by projecting the insured as dead although he was, in fact, alive - Evidence of insured to the effect that appellant..........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for possession by way of mandatory injunction - Suit must be filed within 12 years from the date of dispossession - In the absence of any specific date and time of dispossession and when plaintiff himself acknowledged in his cross-examination that defendants are in possession of suit property..........
