Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Bail - Kidnapping and murder - There is absence of positive evidence as to identification of skeleton by matching of its DNA profile with that of mother of deceased - Petitioner is in custody since Oct 2017 - Only two witnesses out of 23 witnesses have been examined - Trial of..........
Indian Penal Code, 1860, Section 307, 452, 34 -- Attempt to murder - Material contradiction is on record as to who opened fire - Testimony of PWs is vacillating on this point and is not certain - Injured though a literate man has not identified the weapon used by accused - Specific identification of weapon of offence has not come out establishing its nature and..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Not substantive evidence - In absence of any other evidence, same cannot be basis of conviction...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - PW1 identified accused correctly - However, accused raised an objection that identifying witness had seen him while he was in police custody - Even PW1 denied to have identified accused in TIP - PW1 not identified accused in Court - There is no other evidence..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Non-holding of TIP - If material on record sufficiently indicates that reasons for gaining an enduring impression of identity on mind and memory of witnesses are available on record, matter stands in a completely different perspective and in such cases even non-holding of TIP would not be fatal to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused were not found in village soon after the occurrence, which is a strong circumstance of their conduct post death - Bottle of acid was recovered on basis of disclosure made by accused `S' - Face of deceased was disfigured - Such disfigurement was caused by pouring of acid with intention to..........
