Indian Penal Code, 1860, Section 302 -- Murder - Medical Evidence - Bullet recovered from the blood oozing injury at the hip of dead body - Whereas, as per post mortem report, there were entry points of the shots fired at victim and corresponding exit points at abdomen and right thigh - Thus, it is highly improbable that still a bullet was found in the blood oozing injury..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope of - Re-appreciation of evidence is not permissible within scope of S.100 CPC until and unless there is some illegality or perversity in the findings of impugned judgment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Measurement and boundaries of disputed land are not clear from evidence produced by plaintiffs who are in possession of suit property, nor does it make clear that it is same land which is described in the plaint - Plaintiffs are not entitled to get any relief - Suit rightly..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Can be raised at the stage of framing of charge - It is not a rule that plea of alibi should be considered only at the stage of defence evidence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not present on the spot of incident - He has proved his plea of alibi through electronic evidence which is admissible evidence - Prosecution failed to bring home charge against accused - Application dismissed...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped instrument - Not admissible in evidence even for collateral purpose...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of Local Commissioner would amount to collecting evidence, same would not be allowed, as said facts are to be ascertained by trial Court after ascertaining and evaluating evidence as may be led by parties - Application rightly rejected...........
Evidence Act, 1872, Section 74 -- Public document - Copy of charge sheet along with necessary documents cannot be said to be public documents as per S.74 of the Act...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 12 grms smack - No material available on record to meet out all steps as enacted in the Act - Accused acquitted as State failed to lead evidence to meet out the legal provision of the Act...........
