Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........
Evidence Act, 1872, Section 154 -- Hostile witness - Rape case - Prosecutrix and her mother turned hostile - Hostile statement of prosecutrix and her mother cannot be taken as ground to disbelieve prosecution story especially when scientific investigation and link evidence available on record connect accused with commission of offence...........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Hostile statement of prosecutrix - Prosecutrix and her mother turned hostile, as accused is their close relative - However, prosecutrix admitted her signature on identification memo and also her statement recorded u/s 164..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Double murder - Circumstantial evidence - Medical and scientific evidence clearly demonstrates that accused used axe for inflicting injuries on deceased persons - Even, recovery of bag containing clothes and mobile of accused is proved by accused himself in his statement u/s 313 Cr.P.C. - Moreover,..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
Will -- Cutting in the name of father of attesting witness - Such cutting is with the typewriting machine - No other cutting in the name of attesting witnesses or in the entire body of Will - Over writings on the date written by Sub Registrar at the time of endorsement alleged but such over writing not visible to the naked eye - Will also has photographs of executant,..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - PW1/brother of deceased stated that there was a case pending regarding beating incident between parties u/s 107 IPC - He explained the entire incident and nothing brought in cross-examination as to doubt the version given by witness that is medically corroborated also and substantially..........
Indian Penal Code, 1860, Section 302 -- Murder - Source of light at the spot - There was source of light at the spot from the adjoining house and boundary wall at the spot was stated to be 2-1/2 feet which could not have obstructed light as suggested in cross-examination of eye witness - There is thus, no doubt as to version of eye witness as to visibility and source of..........
