Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Statement of accused that `I may get discovered murder weapon used in the incident', does not indicate or suggest that accused indicated anything about his involvement in concealment of weapon - It is a vague statement - Mere discovery cannot be..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra judicial confession - Murder - Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - However, High Court committed error in making confessional statement as basis and thereafter going in search for corroboration - Extra..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff by making a specific pleading with regard to his readiness and willingness and also proving same by reliable evidence, complied with the requirements of S.16(c) of Specific Relief Act - It was the defendant who failed to perform as per terms of agreement though called upon by plaintiff to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Indian Penal Code, 1860, Section 376, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of 7 years old minor girl - Victim supported prosecution version which was also corroborated by younger sister of victim - Accused/juvenile caught in the act at the spot and was beaten by people gathered there, as injuries were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issuance of cheque towards time barred debt - It is a matter of evidence - Not to be adjudicated in an application filed u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per petitioner he did not sign the cheque - Dishonor by the bank was made not on the ground that the signatures differ but on the ground that insufficient funds - Onus shifted on petitioner but petitioner failed to lead any evidence which arose in favor of bank - There is no illegality..........
Indian Penal Code, 1860, Section 302, 34, 506(2) -- Murder - Material contradictions between all PWs - Not a single witness affirmed the manner in which whole incident took place - Even, the presence of eye witnesses on the spot is doubtful - Motive of crime not proved - No substantial evidence connecting accused to offences in question - Prosecution miserably failed to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Termination of pregnancy by wife - Wife cannot be forced to give birth to a child - Right of a woman to have reproductive choice is an insegregable part of her personal liberty as envisaged u/art 21 of Constitution - Moreover, neither husband had adduced evidence that wife terminated..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife stated that not only husband but his sisters used to suspect her character which constrained her to leave matrimonial house - She stayed along with husband for four years and never complained previously - She had filed petition for restitution of conjugal rights mentioning the..........
