Civil Procedure Code, 1908, Order 18, Rule 2(2), 3 -- Defendant permitted to lead secondary evidence qua the compromise - No opportunity given to plaintiff to rebut the same - Since defendant was given an opportunity to lead secondary evidence qua the compromise, an opportunity ought to have been given to plaintiff to rebut the said evidence - O.18.R.3 CPC is not..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Two dying declarations - Dowry death - Allegations against husband - Accused is in jail for more than 17 years - No allegations made by wife against husband in her first dying declaration - However, allegations are levelled against husband and his parents..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34 -- Murder - Circumstantial evidence - Last seen theory - There is gap of five days from the date on which deceased was taken away by accused and dead body was recovered - However, prosecution failed to prove that dead body was recovered at the instance of A-3 - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of spade at the instance of A-1 - Recovery effected from a place which was already known and not exclusively within knowledge of A-1 - Recovery is not reliable - Accused acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen together - There is considerable time gap between last seen alive of deceased with accused and time when dead body of deceased was recovered which is about after 10 days - It cannot be held that accused are perpetrator/author of offence in absence of corroboration - Last seen..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Murder - Courts below has given a categorical finding that evidence is so scanty that accused cannot be punished or convicted for offences for which they are charged - Factual scenario will not permit us to take a different view than that taken by Court..........
