Evidence Act, 1872, Section 45, 47, Indian Penal Code, 1860, Section 302, 34, 392, 449 -- Couple strangulated in their provision store cum residential house - A paper slip containing details of provision articles allegedly in handwriting of one of the accused found in palm of the deceased - Handwriting expert opined that writing matched with specimen writing of the accused..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Allegations that husband and in-laws tortured deceased physically and mentally - Post mortem report did not reveal any injury except burn injury - Complainant, uncle of the deceased, deposed that deceased was subjected to torture by the husband and in-laws which prompted her to make an..........
Punjab State Election Commission Act, 1994, Section 74, 76 -- Appellant belonging to Scheduled Caste, filed her nomination paper in general category Panch - Appellant also paid Rs.50/- as fee not for the reason that she was contesting in Scheduled caste category but because of the reason that she belongs to Scheduled Caste - Held, a Scheduled Caste can always contest in..........
Housing -- Plot allotment - Delay in delivery of possession - Compensation - Allotment of plot in 1998 - Despite payment of full price of the plot paper possession offered in the year 2003 and actual possession given in the year 2008 - A period of two to three years for development has been accepted in principle in various judgments - The petitioner/authority held to be..........
Agreement to sell -- Executed on stamp paper purchased in the name of wife of plaintiff - It is of no consequence (i) when execution of agreement is not in dispute (ii) Agreement was exhibited without any objection; (iii) Even if it is irregularity, the same has been waived by the defendant; (iv) Even otherwise when document is not properly stamped, Court can only deem the..........
Haryana Municipal Election Rules, 1978, Rule 71 -- Marking of expression of choice - Rules allowed even marking of a negative vote by giving the option to mark `Yes' or `No' against the name of a contesting candidate - Voters advised to give a tick-mark - A vote case in a manner not envisaged by Rules was an invalid vote and the entire election was to vitiate - Tick..........
Haryana Municipal Election Rules, 1978 -- Ballot paper - Any form of visible representation by which he can be identified renders the ballot paper invalid - Possible to identify the candidate from the ballot paper with reference to the serial number found in the ballot paper with the record sheet/register that is retained by the convener of the meeting - Election set..........
Will -- Difference in spacing - In three fourth portion spacing wider - Not a suspicious circumstance - While writing a document on a plain paper, it is not always possible to maintain perfectly equal space in between the lines...........
Criminal Procedure Code, 1973, Section 65 -- Summons - Service through paper publication - Service of summons has to be effected as per Ss.62, 63 & 64 - Service if cannot be effected as such then it can be by affixing summons to some conspicuous part of the house where the person summoned ordinarily resides or by paper publication...........
Prevention of Food Adulteration Act, 1954, Section 14A, 23 -- Sample - Manner of taking - Sample taken in paper bags - No rigid rule that sample of food article cannot be taken in paper bags - Question of suitable container depends upon nature of food article of which sample is to be taken - However, it must be borne in mind that whenever samples are taken in paper bags,..........
