Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Indian Penal Code, 1860, Section 143, 147, 148, Prevention Of Damage to Public Property Act, 1984, Section 3(2)(e) -- Protest against police atrocity - Conspiracy and rioting - Conviction - TIPs belong to the stage of investigation by the police - It is a rule of prudence which is required to be followed in cases where the accused is not known to the witness or the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - A party cannot be allowed to collect evidence through Court - Each party has to lead evidence in support of its case and it cannot be allowed to lean on the Courts for the same...........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 34 -- Murder - Testimony of sole eye witness/PW6 - Inconsistencies and contradictions were found in evidence of PW6 - PW6 claimed to have sustained injuries on account of assault committed upon him - He was examined on next day, however, PW11 opined that age of injury was within one hour - Injuries which could be self..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Accused need not be under formal arrest for purpose of statement given u/s 27 of the Act...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Murder - Similarity of soil recovered from the spot and soil available on clothes and articles of accused is highly incriminating and can be a ground to hold accused as guilty...........
Evidence Act, 1872, Section 8 -- Motive - Case of circumstantial evidence - Existence of motive in cases of circumstantial evidence certainly assumes greater significance and importance - However, it cannot be said that in no case in absence of motive accused can be held guilty - If circumstantial evidence is clear and complete chain of circumstances are established which..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were residing in same room of hostel - Mark sheet of deceased was found missing and accused and deceased left hostel in the evening on the same day - Both of them visited the house of PW3 another student and after leaving his house deceased could not be traced..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Dead body and weapon are admittedly recovered at the instance and on basis of information given by accused - FSL report shows that soil available on knife, cycle, shoes of accused and soil available on scene of crime are similar - Prosecution has established the chain of circumstances with utmost..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for eviction and possession - Concurrent findings of Courts below on record acknowledging right and title of plaintiff over suit property in question and status of defendant as a tenant over there - Claim of defendants being an owner of suit property and justifying their possession on the basis thereof..........
