Evidence Act, 1872, Section 67 -- Will - Attestation - Benefit given to attesting witness - Merely because a benefit is given either by way of a bequest or by way of appointment to any attesting witness, Will shall not be deemed to be insufficiently attested, but bequest or appointment shall be void so far as it relates to attesting witness or wife or husband of such..........
Evidence Act, 1872, Section 67 -- Will - Attestation - Will executed in favour of defendant No.1 - Wife of defendant No.1 is attesting witness to Will - Hence in view of S.67 of the Act, such bequest in favour of defendant No.1 is void - Nevertheless, it would not affect the validity of Will - But sole bequest made in Will is in favour of defendant No.1 and hence entire..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Minor variations in the evidence of witnesses from their statement made before police after a long duration of more than 12 years cannot affect their liability and truthfulness...........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 101 -- Adoption - Burden of proof - Initial burden of proof is upon adoptive parents to prove the factum of adoption and execution of adoption deed...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27, 9 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - Non-conducting of Test Identification Parade (TIP) - Material omission on part of I.O. in not conducting Test Identification Parade (TIP) of recovered articles, more particularly when case of prosecution is based solely..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - I.O. not deposed exact words as narrated by A-2 and A-3 in their disclosure statements - In fact, he even did not care to exhibit disclosure statements of which he was scribe in his deposition - I.O. also did not depose in..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Service matter - Adequacy of evidence adduced during disciplinary inquiry cannot be gone into in writ jurisdiction...........
