Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Spot witnesses - Murder case - Material witnesses are spot witnesses - No reliance therefore can be placed with regard to manner and sequence of events of alleged incident, more particularly when there are irreconcilable inconsistencies with regard to manner in which incident as..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide need - Evidence on record reveals that landlord has no other business except business of one small tea shop and his family is entirely dependent on income generated from this business - Moreover, landlord`s medical condition would undoubtedly entail higher expenditure - Landlord requires..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance is fixed on taking prima facie view of matter - Serious disputed questions of facts raised at that stage requiring evidence cannot be gone into - Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed, relief of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - No material produced by husband either before trial Court, Appellate Court or before High Court to show that wife in fact had secured any employment or was receiving any salary or income - Pleas raised by husband would be required to be established at trial - Till, husband..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
Evidence Act, 1872, Section 40, Specific Relief Act, 1963, Section 6 -- Suit u/s 6 SRA - Applicability of S.40 Evidence Act - Once SRA stipulates that a suit brought u/s 6 SRA would not debar a party to that lis from instituting a separate suit to prove his title thereto, naturally S.40 of Evidence Act can have no application...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had correctly concluded that plaintiffs were..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - 12 years old boy sexually abused by accused - PW1/informant is not an eye witness and whatever is written in FIR was based on information so received from PW2/victim and PW3 - Victim and PW3 both turned hostile and they have not supported..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There is no principle of law that wherever wife commits suicide, the husband will bear the responsibility and will be held liable - No doubt that in such cases, if prosecution discharges its initial burden of proof of guilt and has proved the relationship between abetment by husband and suicide by wife, accused..........
