Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Panchas not supported contents of panchnama - Their evidence cannot be considered at all...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Will -- Suspicious circumstance - Overwritings in Will - Typographical errors occurred while typing the Will - There is no overwriting either in the name of testator or with main contents of Will - Trial Court hastened to come to conclusion that overwritings in Will rendered the same suspicious without dwelling upon as to what were those overwritings and what was their..........
Evidence Act, 1872, Section 91, 92 -- Document - Contents - Defendant admitted execution of document in written statement but challenged contents of document - Contents of documents cannot be accepted as they are...........
Evidence Act, 1872, Section 91, 92 -- Document admitted and marked during examination-in-chief of plaintiff - Plaintiff died subsequently and was not available for cross-examination - Said admitted documents can very well be taken into account and relied upon in the absence of plaintiff's evidence - However, other documents which were not admitted by defendants cannot be..........
Agreement to sell -- Specific performance - Agreement not executed between parties on stamp paper - A letter signed by defendant in name of plaintiff is supposed to be contract to be performed - Though execution of document is admitted but truthfulness of contents was denied by defendant - Plaintiff failed to discharge his burden of proof of agreement and proof of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 54 -- Transportation of 53.950 kg Ganja - Presumption of possession of contraband - Number plate of vehicle involved in the case was missing from front side of vehicle - However, evidence on record shows that any detached number plate was not recovered from inside the vehicle during search - Though..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 pills of Alpraquil - Discrepancy between weight and contents of pills - Does not make prosecution case doubtful, when difference found due to weight taken with and without wrapper and contents of pills not mentioned in recovery memo...........
Evidence Act, 1872, Section 91, 92 -- Contents of document - Court cannot enter into enquiry to contradict, vary or add to terms of agreement, especially when there is no pleadings at all, as no evidence can be taken on record when it is not specifically raised or expressly pleaded by parties...........
