Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Related witness - PW1 is a witness not only of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - He is related to deceased and accused - There was no reason why PW1 being the uncle of accused, would falsely implicate him in the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - PW10 stated that accused was unhappy with deceased since he suspected deceased of having an illicit relationship with wife of accused - Evidence of PW10 not challenged in cross-examination - Prosecution thus, through evidence of PW10 established motive for commission of crime...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license stated by plaintiffs and witnesses -..........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Nature of offence - Murder case - As per evidence on record, act of stabbing was preceded by discussion to sort out some dispute between deceased and accused `R'- Only single stab wound was inflicted which shows that there was no premeditated attack - Hence, where act took place upon sudden quarrel offence will fall u/s 304..........
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34 -- Mortgage/Secured property - DRT and DRAT concurrently held that respondents legitimately created an equitable mortgage in respect of flat in question in favour of Bank, which has security interest upon said flat - Respondents failed to file any..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of additional evidence on record..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
