Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - At the preliminary stage of investigation, Court is not inclined to embark upon a detailed appreciation of facts or evidence - Veracity of allegations of forgery, fabrication and use of false notarial seals is a matter for investigation and if warranted, trial...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
