Indian Penal Code, 1860, Section 302 -- Murder - Minor deficiencies/inconsistencies/contradictions in the evidence let in by prosecution, cannot be considered as remissness in the investigation enabling the appellant's acquittal, particularly, when appellant was present with a gun at the scene of occurrence, when gun and empty cartridge were recovered based on information..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Ranbir Penal Code, 1989, Section 306 -- Abetment of suicide - Circumstantial evidence - General allegations without any specific instance as to when deceased was subjected to cruelty, has been made by parents and siblings of deceased - No witness has been cited so as to depose that deceased had been instigated, coerced or abetted to take poison in his/her presence to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely because for the welfare of the family if father of wife had at some stage in the life of husband tried to contribute to the growth of husband to see that the family remains viable and the marriage survives, in absence of any evidence to the contrary, it cannot be said that this..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Appellate Court has no authority of law to consider the matter in dispute before the arbitral tribunal on merits so as to find out as to whether the decision of arbitral tribunal is right or wrong upon reappraisal of evidence as if it is sitting in an ordinary Court of appeal - It is only..........
