Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Last seen evidence - PW1/only last seen witness admits that accused persons are not known to him - He also admits that he cannot say as to where accused persons are living - PW1 stated that deceased had gone alone - Theory of last seen propounded by star prosecution witness (PW1) is not made out...........
Evidence Act, 1872, Section 112 -- DNA test - Murder - When there is no eye witness to the incident, forensic evidence as contained in DNA report being inconclusive and chain of circumstances is not complete...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - When there is neither any eye witness account nor any evidence of last seen or any scientific evidence is available to connect appellants with alleged murder then conviction of appellants merely on the basis of surmises and conjectures cannot be sustained in the eyes of law - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - FIR lodged after about 10 hours of incident without any explanation - Material contradiction between evidence of PW1 and PW2 with regard to breaking and non-breaking of doors of constructed room - Except appellants, other unknown dacoits covered their faces at the time of incident, which is highly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Cannot be sought solely for purpose of collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Petitioner was not a party to original suit - He neither represented the claim in a representative capacity nor was his presence necessary for effective adjudication - However, trial Court permitted him as Sarpanch, to adduce evidence on behalf of Gram Panchayat - Said permission..........
