Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
Indian Penal Code, 1860, Section 193 -- False evidence - Mere suspicion or inaccurate statements do not attract the offence u/s 193 IPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Only information in the form of confession received from disclosure made by an accused cannot be taken as reliable piece of evidence in isolation until there is a discovery or a recovery or another fact to corroborate the said information and prove its veracity...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Testimony of PWs is not in tune with the medical evidence - Serious inconsistencies in the statements of PWs and the prosecution story as narrated by informant in the FIR - Motive of crime not proved - No evidence was laid during trial that deceased was attacked by appellant with such considerable force that would have..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court can re-appreciate the evidence and come to a different conclusion but it must keep in mind that interference with a judgment of acquittal can only be for compelling reasons - S.378 Cr.P.C does not provide any limitation to the powers of Court while dealing with the judgment of acquittal...........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Conclusion in post mortem report as to time of death are approximations - A margin of error of about half a day in cases where compensation is at issue is not disproportionate, where evidence is otherwise corroborated by material on record...........
