Indian Penal Code, 1860, Section 366, 376 -- Kidnapping - Rape - Consent - Proof - Prosecutrix went with appellant voluntarily and did not make any annoyance at any time wherever she resided with appellant and performed intercourse with him - Only after tracing her out by police in connection with report of missing person, she stated to police some ingredients of offence..........
Arms Act, 1959, Section 25 -- Pistol - Recovery of - Proof - Contention of petitioner that case property produced in unsealed condition in a polythene bag - Ballistic expert deposed that one sealed parcel was received in laboratory which contained one country made pistol & two cartridges - Case property was sealed with seal of FSL when first brought to Court - All three..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Several issues - Evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues - Onus of proof of which is on him and the same is to be seen on facts and circumstances of each case - Petition dismissed...........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Onus of proof is on accused - It is not as heavy as on the prosecution to prove guilt of accused - It is sufficient to prove the defence on the touchstone of preponderance of probabilities - Injuries received by accused, the imminence of threat to his safety, injuries caused by accused and..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Proviso - Proviso to O.18.R.4(1) provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with the affidavit shall be subject to the order of the Court...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 4 -- Insurance policy - Plea of fraud or misrepresentation by insurer - Proof of - Held, wherever insurance company takes a specific plea in counter/written statement that insurance policy was obtained or procured by playing fraud or misrepresentation an issue deserves to be framed on that and..........
Criminal Procedure Code, 1973, Section 293 -- Report of State Forensic Laboratory - Report is admissible without proof by a witness - However, report can be 'used as evidence' only when it is tendered into evidence and marked as exhibit...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d),21(b) -- Television - It was working satisfactorily during the warranty period - Defects noticed for the first time almost two years after the purchase of the television by the petitioner - Respondent promptly attended to the Petitioner-'s complaints and as per the job-sheet which was signed by the..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased -..........
Will -- A will cannot be discredited only by the fact that it makes a deviation from the normal line of succession - A Will that defies from the normal line of succession requires a proper proof since the instrument speaks from the grave and it could never be supported by the executant himself...........
