Special Marriage Act, 1954, Section 27 -- Divorce decree - Wife neither filed any written statement nor led any evidence - Trial Court granted divorce in favour of husband without analyzing the evidence led by husband - Trial Court disposed of the case in a causal and mechanical manner - There are no reasons of whatever nature assigned while decreeing said proceeding -..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Conditions necessary for applicability of S.27 of the Act - (i) Information given by accused, leads to discovery of some fact - (ii) Fact discovered was not within prior knowledge of police and knowledge of fact was derived for first time from information given by accused - (iii) Discovery of a fact is direct outcome..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Narco-analysis test - Reports of voluntary narco analysis tests cannot be admitted directly into evidence - Information that is discovered, as a consequence thereof can be admitted with the aid of S.27 of the Act...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Neither the statement made to I.O. can be treated as gospel truth nor the voluntarily statement made by accused can be relied upon except to the extent of the discovery of fact, on information supplied, which would be a strong implicating circumstance if, and..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Confession - Mere recovery of dress u/s 27 of Evidence on the basis of confession statement made by an alleged conspirator, does not implicate other accused who were alleged to be assailants who killed the deceased...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - A-2 and A-3 were present and were accompanying A-1, when A-1 shot the deceased - Accused were known to deceased for quite some time - Since deceased knew three accused persons, it is not possible to accept the contention that deceased may not have recognized them - Moreover, it..........
