Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Evidence Act, 1872, Section 126 -- Professional communications - Court can ask for truth, it cannot compel a lawyer to disclose what law expressly protects, in the absence of a clear finding that lawyer is conspiring in a fraud committed during employment...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Court cannot automatically acquit an accused under NDPS Act merely because witnesses did not turn up - Courts have power to compel attendance of witnesses using various provisions of Cr.P.C - Court must assess entire evidence presented and determine if prosecution has proved its case beyond a..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Will -- Executed on the day testator died cannot be held suspicious in absence of any cogent and reliable evidence in this regard...........
Will -- Suspicious circumstance - Execution of Will in favour of daughters - Testator was survived by only two daughters and on last part of his life when his health was not keeping well was looked after by his daughters - Merely because Will was executed on the day testator died, cannot be held to be suspicious in absence of any cogent and reliable evidence in this..........
