Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in appeal - Plea sought to be taken that property in dispute purchased by grandfather of defendant and inherited by defendant - To prove this, document sought to be produced `Sanad' executed by Settlement Officer of Rehabilitation Department in favour of grandfather of defendant - Document..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Interested witness - Sole testimony - Appreciation of evidence - The quality and not the quantity of the evidence that matters - If the statement of the witness is reliable, there is no legal embargo in passing a conviction only on sole testimony...........
Will -- Validity of - Conscience of Court must be satisfied that the Will in question not only executed and attested in the manner required under Indian Succession Act, but it should also be found that said Will was the product of free volition of executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Appeal against conviction - Sample - Link evidence - Prosecution has to prove affirmatively that right from the stage of seizure till it reached the hands of Chemical Analyst, there was no possibility to change or tampering with the material or the sample - Link evidence missing - Contention of the..........
Civil Procedure Code, 1908, Section 115(1), Order 18, Rule 17A - - Revision against order dismissing application for additional evidence - Not maintainable - Order does not fulfil requirement of clause (a) nor that of irreparable injury postulated in clause (b) of Proviso to Section 115(1) - Petitioner if fails in suit entitled to challenge in appeal against decree under..........
Criminal trial -- Appeal against acquittal - High Court acquitted as the version given by four eye witnesses was improbable, that they had made material improvements while giving evidence in Court and that each of the eye witness was not a reliable witness as his evidence suffered from various infirmities - Reasons given by High Court cannot be said to be unreasonable -..........
Appeal -- Criminal law - If from the perusal of the evidence High Court comes to the conclusion that benefit of evidence should also go to that convict, who has not filed appeal, such benefit cannot be deprived of on that ground that no appeal is before the Court...........
Indian Penal Code, 1860, Section 302, 34 -- Murder of five persons and causing injury to one Harjinder Singh - Defence plea of private defence - Trial Court disbelieving, held guilty u/ss 302/34 EPC and awarded life imprisonment - High Court acquitting the three respondents in appeal in absence of any substantive evidence - State and complainant filing appeals to Supreme..........
Indian Penal Code, 1860, Section 148, 302, 149 -- Trial Court convicted A1 to A6 u/s 302 r/w 149 IPC - High Court, in appeal acquitted them on ground of right of private defence - Held, High Court overlooked material evidence - Investigation was one sided and not fair -Evidence of P.W.2 and P.W.7 having no infirmity - sufficient evidence that A1 to A6 exceeded right of..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Trial Court acquitted the accused as evidence led by prosecution disbelieved - High Court relying upon evidence of PW2 which was held to be supported by FIR and evidence of PW4 and also the evidence regarding recovery of knife, convicted the accused - Held, High Court committed a grave error in placing..........
