Criminal Procedure Code, 1973, Section 154, 156(3) -- Second FIR - Permissibility - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence and also new discovery is made on factual foundation...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Caste based remarks were not made by accused in public place - Thus, without such preliminary evidence, offence u/s 3(1)(x) of the Act is not substantiated - Order taking cognizance quashed...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be admitted in evidence in the absence of requisite stamp duty and penalty being paid and certified by Collector...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - Evidence of victim and that of her mother are incompatible - Doctor who examined the victim girl has specifically stated that she did not find any injury external or internal - Hymen was intact and the Doctor has opined that there was no penetration at the time of occurrence - In..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Courts while granting bail are required to consider relevant factors such as nature of accusation, role ascribed to accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al...........
Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
