Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - PW4 made a statement that accused came to his house and confessed that 22 or 23 days earlier he had murdered deceased - Accused stated before PW4 that he had a quarrel with deceased and he gave a blow with an axe on head of deceased..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - To decide application for rejection of plaint, Court has to examine averments in plaint and pleas taken by defendants in its written statement would be irrelevant...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Plea of tenant that landlord owns a vehicle which is being parked by him in open - However, no concrete material except bald statement of tenant is placed on record to establish that building, additions or alterations, proposed to be carried out in the premises is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Over speeding - Driver of car who was trying to overtake truck and in process hit against railing on right side - Driver hit railing from right side further corroborates statement of driver himself that it was indeed car that was trying to overtake truck - It was negligence of driver of car that resulted in accident who..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Narco-analysis Test - Applicability of S.27 of the Act - Narco-analysis Test conducted on accused at a time, when they secured favourable order of discharge and were not arraigned as accused and at a time when they were not under police custody as envisaged u/s 27 of the Act - There is thus, no question of crossing..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Competence of Arbitral Tribunal - Jurisdiction of Tribunal - S.16(2) of the Act provides that objections with regard to Tribunal not having jurisdiction to adjudicate upon dispute should be submitted "before" filing of statement of defence - As per S.16(3) of the Act if any party is to raise an objection that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
