Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Non-executive Directors cannot be held liable u/s 138 of the Act, unless specific evidence proves their active involvement...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit land not identifiable - It cannot be said, without any cogent evidence that dispute is with regard to 1/4th portion on the western side of Gata No.233 - Relief of permanent injunction cannot be granted...........
Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of mother of deceased/PW3 - Significant improvements and omissions in the evidence of PW3 - Said omissions are so relevant that they become contradictions in view of S.162 Explanation Cr.P.C - Testimony of PW3 not reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Evidence of PW1 on the last seen theory cannot be believed as he stated that he was sleeping when allegedly appellant took the deceased with him - Statement of PW1 that PW3 had visited appellant's house at 1 pm is hearsay as he did not accompany his wife/PW3 - Significant..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
