Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Scope of revision is quite restricted to the extent of examining the correctness, legality and propriety of impugned judgment and order - Appreciation of evidence is not done generally in such cases, unless finding is perverse or admissible evidence is ignored or inadmissible evidence is taken into..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - When Court want to apply S.113-A of Evidence Act, condition precedent is that there has to be first some cogent evidence as regards cruelty & harassment - In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Allegation against brother-in-law of deceased - No evidence on record that appellant abetted commission of suicide - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Mutation -- On basis of Will - When order of mutation is not required to be passed by any authority which can be defined as a `Court' under Act of 1872, strict proof as required u/s 68 of Evidence Act would not be applicable...........
Mutation -- On basis of Will - Where Will is executed in accordance with law and produced before a Municipal Officer, neither Will is evidence as provided under Evidence Act nor Municipal Officer a Court - Thus, for the purposes of Municipal records, a will which is executed in accordance with law and is not disputed can be relied upon to mutate the names of persons, who..........
