Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Recovery of school bag - When bags were recovered beside dead bodies itself on the day of inquest by police, then how could a bag be recovered at the instance of disclosure statement of A-2 - Recovery is not free from contradictions and inconsistencies..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - While framing issues, Court informs parties about scope of suit and evidence to be led in support thereof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Not to be interfered in second appeal unless same suffer from perversity and re-appreciation of evidence to draw a different conclusion than taken by Courts below - Even if finding of fact may be incorrect, same is not scope for interference at the stage of second appeal...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff claiming sole ownership and exclusive possession over plot and defendants claiming it to be property of joint family - Concurrent finding of two Courts below that plaintiff has failed to prove the plot as his self earned property or in his exclusive and sole possession - Plot in question..........
Indian Penal Code, 1860, Section 342, 353, 323, 34 -- Offence u/ss 342, 353, 323, 34 IPC - Concurrent findings recorded by two Courts below regarding presence and involvement of accused in the occurrence - High Court is not inclined to minutely appreciate the evidence in exercise of revisional jurisdiction - However, there is no justification for award of maximum period of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to place on record any evidence to establish beyond reasonable doubt that any act or omission of accused instigated deceased to commit suicide - No material on record to show that immediately prior to deceased committing suicide there was a cruelty meted out to deceased by accused due to which..........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff to prove his case by adducing cogent evidence and weakness of defendant is not a ground to allow plaintiff's suit...........
Evidence Act, 1872, Section 61 -- Contents of a document - Merely self serving statement cannot prove contents of a document...........
Agreement to sell -- Specific performance - Sale agreement not registered - Where sale agreement is not registered, document can be received as evidence for considering relief of specific performance and inadmissibility will confine itself only to protection sought for u/s 53-A of T.P. Act...........
