Misreading/Misconstruing of facts -- Appeal - Both the parties submitting that as there is misreading and misconstruing of facts and documents on the file the appeal be allowed and the case be remanded back to the District Forum for fresh decision in accordance with law - Prayer allowed...........
Evidence Act, 1872, Section 71, 68 -- Section 71 in the nature of safeguard to mandatory provisions of Section 68 to meet a situation where not possible to prove execution of Will by calling attesting witnesses, though alive - Aid of Section 71 can be taken only when attesting witnesses, who have been called, deny or fail to recollect execution of document to prove it by..........
Criminal trial -- Circumstantial evidence - Some of the links in the chain of circumstances not established by prosecution either in accordance with law or beyond reasonable doubt - It casts serious doubts as to the correctness of the prosecution case - Order of conviction set aside...........
Penal Code, 1860, Section 302,34,377 -- Evidence Act, 1872, Section 118 - Murder Reference - Murder - Sodomy - Testimony of Child Witness - Quantum of sentence - Death sentence - Prosecution case that appellants-accused firstly committed sodomy and then they allowed the victims to die by way of drowning - Victims aged 9 years and 8 years respectively - Prosecution story..........
Evidence Act, 1872, Section 102 -- Criminal trial - Burden of proof - Onus - Initial onus always lies upon the prosecution to prove the charge beyond reasonable doubt by leading cogent and reliable evidence - But at the same time if broad probabilities of the case tilt in favour of the prosecution raising a presumption of guilt then it is for the accused to rebut that..........
Constitution of India, 1950, Article 21 -- Speed trial - Right of - Quantum of sentence - Case law discussed...........
Complicated questions of facts -- Housing - Tripartite agreement for purchase of the building to be constructed on the property - Allegations of breach of contract - Fora below referring complainant to Civil Court as the complaint involves complicated questions of law and facts - Complaint raises multiple disputes - Not a fit case to be tried by the District Forum...........
Complicated questions of law and facts -- Summary jurisdiction - Banking service - Alleged wrongfully passing of cheques by the Bank - Not a simple case where signature on the cheques have only to be identified to hold deficiency in service on the part of the Bank, its officials etc. - Complicated questions of law and facts involved - Such type of complaint cannot be..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 9(1) -- Explanation 1, 9(4)(c) and 3(f) - Wife or other members of family including separate unit on whose behalf landowner filed declaration under Section 9(1) - No right to be heard during course of proceedings for determination of surplus area because they were being represented by landowner who had filed declaration..........
Punjab Land Reforms Act, 1972, Section 5(1), 4, 8, 11 -- Death of landowner during pendency of proceedings challenging declaration of surplus area where case stands remanded to Collector (Agrarian) for allowing landowner to specify land which he wished to part with as surplus area - Surplus land in the hands of deceased landowner not vested in State Government until..........
