Indian Penal Code, 1860, Section 304 (Part II), Arms Act, 1959, Section 27, Evidence Act, 1872, Section 5 -- Land dispute - Fire arm injury - Death on spot - Witnesses turning hostile and not supporting prosecution case - No evidence as to who brought gun and from where - No evidence as to who handed over the gun to accused in midst of quarrel between two groups - No..........
Evidence Act, 1872, Section 27 -- Recovery of saree from pond pursuant to confessional statement - It was stated in cross examination that saree recovered from inside pond was stained with mud which was not so when saree produced in Court - Serious contradictions in evidence of witness - Alleged recovery of saree pursuant to confessional statement, held, not proved...........
Hindu Marriage Act, 1955, Section 27 -- Stridhan - Wife is absolute owner of her Stridhan property and she can deal with it in any manner she likes...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Production of additional evidence at appellate stage - Application allowed as evidence sought to be adduced necessary to pronounce the judgment on issue...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties to the lis are not entitled to produce additional evidence as a matter of course or routine unless they satisfy the test mentioned in O.41.R.27 CPC - Document sought to be produced on record did not satisfy the test laid down U.O.41.R.27 CPC for admitting additional evidence -..........
Punjab Co-operative Societies Act, 1961, Section 27 -- Society superseded - Administrator appointed - Appeal - Administrator appointed replaces the Board and in such a situation while the power of removal shall vest with the Administrator, he still acts under the control and supervision of the Registrar...........
Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Reliability - Disclosure made by accused led to recovery of dead body - Accused not in police custody when disclosure made - Held, recovery of dead body of the deceased may not be considered as recovery u/s 27 of the act - Prosecution cannot put reliance on such confession or recovery...........
Evidence Act, 1872, Section 27 -- Murder - Accused allegedly got recovered from the room of occurrence a towel and vest worn by him when crime committed - Accused also got recovered bat allegedly used in committing murder - Held, place of recovery is the room shared commonly by accused, deceased and one other person - The room was also assessed by investigating officer..........
Arms Act, 1959, Section 25, 27 -- Unlawful possession of arms - Statement of one of the accused led to discovery of sword and its subsequent seizure - Held, mere possession and use of these swords in exercise of right of self defence would not attract the provisions of Ss.25 and 27 of the Act...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 TPA - Sent by registered post - Received back with remarks `not present' - Presumption of service cannot be drawn as the letter was not actually served...........
