Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Title deed of 1954 not tendered in evidence in course of trial but was sought to be relied upon in title appeal - Such deed gives some semblance of title to plaintiffs in respect of at least six decimal of suit property - However, defendants had no chance to deal with plaintiffs assertion of title based..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder and robbery - Circumstantial evidence - Motive - Prosecution alleged that robbery as motive of crime - However, site plan panchnama shows that expensive ornaments like gold, pearl necklace etc. were left behind on person of deceased - No explanation as to why accused would intend to..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of shirt of accused - Murder and robbery - Mere recovery of shirt of accused at his instance allegedly matched with small broken button found at the scene of crime, would not prove the guilt of accused, particularly when nothing in record to show that shirt is unique and cannot be..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of motorcycle - Murder and robbery - No evidence on record that motorcycle recovered at the instance of accused belongs to him - Even no attempt made by I.O to enquire about owner of vehicle - PW2, was the witness of seizure of motorcycle - According to him motorcycle was red in color..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of silver articles - Murder and robbery - Silver articles recovered at the instance of accused is alleged to have been that of deceased - However, no witness identifies silver articles as belonging to any of deceased - In absence of any identification of seized anklet, no reliance can..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 34 -- Testimony of child witness - Murder and robbery - PW8 being child witness is not an eye witness to the incident - She was aged about 9 years at the time of incident - Evidence of PW8 is fraught with inconsistencies - None of other witnesses have identified the accused - PW8 did not tell about..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........
