Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to determine as to who is in possession of suit property - Court cannot collect evidence on behalf of any of parties - Question of possession cannot be determined by Local Commissioner rather it is for parties to lead necessary evidence to establish..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Respondent Nos.2 and 3 are residents of Canada - Respondent No.2 is presently in vegetative state and respondent No.3 being his son is to take care of his father - It is not practically possible for both of them to come physically in India for their..........
Evidence Act, 1872, Section 8 -- Motive - Motive in criminal jurisprudence is important but cannot substitute proof...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by poisoning - Court must carefully scan evidence and determine four important circumstances which alone can justify conviction i.e. : (i) there is a clear motive for an accused to administer poison to deceased; (ii) that deceased died of poison said to have been administered; (iii) that accused had poison in his..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by poisoning - Circumstantial evidence - Deceased himself made no statement as to how he fell ill or what caused his death - Post-mortem report was inconclusive, cause of death was not found and uncertainty prevailed and matter was referred to FSL where it was shown to be carbamate insecticide (Baygon) - In absence of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(m), 8, 7, 10, 9(f), 9(k), 9(m) -- Aggravated penetrative sexual assault - Victim girl who was deaf, mute and physically handicapped was less than 11 years of age - Medical examination of child reveals no injuries on child - Contradictions and inconsistencies in the oral evidence of witnesses irreparably..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Questions involved in the appeal are pure questions of facts based on appraisal of evidence available on record - No substantial question of law is involved in appeal - Second appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature and execution of cheque is admitted, a statutory presumption arises u/ss 139, 118 of the Act that cheque was issued in discharge of a debt or a liability - This presumption is rebuttable but burden lies on accused to adduce cogent evidence...........
