Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Indian Penal Code, 1860, Section 376 -- Rape - Dying declaration of deceased recorded after 11 days - There are no signs of forcible sex with deceased - No medical evidence on record to corroborate that rape was committed on deceased - Offence u/s 376 IPC not made out...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Not attracted when incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of woman concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copies - Evidentiary value of documents in question can be decided by trial Court, but said document cannot be rejected only on the ground that documents brought on record are Xerox copies - Application rightly allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copies - Mere fact that no details are mentioned in affidavit of R1 when original document is lost to adduce secondary evidence, said aspect can be considered by trial Court at the time of disposal of suit, as document is already marked in evidence adduced in suits - Application rightly allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Failure to lay foundation to prove xerox copy of Will by secondary evidence - Application rightly dismissed...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Condition for secondary evidence to be led by a party arises after proving the fact that primary evidence is not in possession of said party...........
