Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Mere oral statement made by plaintiff cannot be taken as proof of his financial capacity, in the absence of any documentary evidence in the shape of any account book, pass book, statement of accounts, any other negotiable instrument or any income tax record...........
Evidence Act, 1872, Section 73, 45 -- Comparison of signature/Left Thumb Impression (LTI) - Defendants failed to produce original deed as disclosed in written statement - Copy of documents produced by plaintiff allegedly bearing LTI of executor - Defendants did not admit the purported document - Basis of denial of such document is oral assertion only without any supportive..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Agreement to sell -- Oral - Specific performance - Bona fide purchaser - Vendor sold property prior to oral agreement to sell - Purchaser would be a bona fide purchaser...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband admitted that except for suspecting fidelity of husband, wife was a good wife - No oral and documentary evidence to prove that wife removed thali and there is no evidence regarding cruelty committed by wife - Husband failed to prove its case and there is suppression of facts on the side of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
