Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Evidence Act, 1872, Section 9 -- Test identification parade - FIR does not have any details of persons allegedly involved in the crime - There was no identification parade - Motive of crime is absolutely unknown, vague and non-coherent with deposition of injured witness - Testimony of injured witness is extremely vague as he is not able to connect accused to crime or even..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Both the parties placed reliance on agreements, which are in their possession - Correctness and genuineness of those document requires evidence - Status quo order rightly passed and calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Nothing to suggest that any demand was made prior to or at the time of marriage - Lack of sufficient and reliable evidence to indicate demand of dowry even subsequent to marriage - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - Deceased died otherwise than under normal circumstances within a period of seven years of her marriage - However, there is lack of satisfactory and reliable material to indicate that deceased was subjected to cruelty or harassment by accused at..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original a public document - It is certified copy of such a document and not photocopy of it which is admissible as secondary evidence...........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - Not an evidence...........
