Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Income Tax returns are reliable evidence to assess the income of deceased...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Evidentiary value - Disclosure statements per se unaccompanied by any supporting evidence, cannot be deemed to be adequate to secure a conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Appreciation of evidence - As per record, the police had adopted a correct procedure and the entire proceeding of search and seizure was found genuine - Further, independent witnesses have duly supported the prosecution case about stopping of vehicle,..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(1) -- Murder - Common intention - Prosecution has failed to place on record any evidence to show that appellants had common intention with A-1 prior to A-1 shooting at the deceased resulting in her death - Conviction and sentence set aside - Appellants acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of fraud has to be proved by leading evidence and plaint cannot be rejected at the threshold...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
Evidence Act, 1872, Section 11 -- Eye witness - Omission to name two other accused in FIR despite eye witness having seen three persons known to him assaulting his son - This omission assumes significance and is a relevant fact u/s 11 of the Act...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Evidence tendered by defence witnesses cannot always be termed as a tainted one - Defence witnesses are entitled to equal treatment and equal respect as that of prosecution - Issue of credibility and trustworthiness ought also be attributed to defence witnesses at par with that of prosecution...........
