Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Prosecution proved the circumstances beyond reasonable doubt viz. (i) presence of accused outside house of deceased as proved by PW16; (ii) quarrel that took place in park between accused and deceased as spoken to by PW9 and PW12; (iii) homicidal death of both the deceased; (iv) accused..........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 19 kgs poppy husk - Defective investigation - Form no.29 was not prepared by I.O - Even investigation conducted at the spot raises a doubt about presence of DSP, as it is mentioned in FIR itself that he came at the spot by chance - Therefore, DSP was never given information in this regard -..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Agreement to sell clearly shows that during period after signing agreement, vendor had no right to sell property to anybody else - Agreement thus, imposed strict obligations on both parties - Execution of extension agreement coupled with clauses in the main agreement to sell leaves no doubt that time was..........
Indian Penal Code, 1860, Section 302, 448 -- Murder - PW1, wife of deceased stated that accused armed with Khukri came outside their house and called deceased and thereafter assaulted her husband as a result he died - PW2, who was called for help by PW1 is not the eye witness but she saw accused and heard him shouting that he would kill deceased - Her evidence is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle - Guilty consciousness of deceased..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 9 -- Murder - Test identification parade (TIP) regarding photographs of dead body recovered from tank not conducted - Photographs of deceased cannot be relied upon for want of prior TIP - Doubt is created as to dead body recovered from tank was of deceased - Since corpus delicti was absent and..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Evidence qua A-1 is omnibus in nature and he along with other accused dragged the deceased, therefore it would not be proper to convict A-1 u/s 323 IPC - Benefit of doubt must be given to A-1 - A-1 acquitted...........
Family settlement -- Hindu Joint Family Property - Once there was a family settlement and property was divided through compromise, which was recognized in a civil Court decree, no doubt was left that property is exclusive property of co-sharer - Property does not continue to be Hindu Joint family coparcenary property...........
