Will -- Suspicious circumstances - Will executed before seven days of death of testator - Testator was suffering from throat cancer for the last 6 months and it was at the last stage - Attesting witnesses not examined to prove the validity of Will - One of the attesting witnesses expired but no tangible evidence placed on record to prove this fact - Though Will was..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 100% burn injuries - No evidence on record to prove that deceased was subjected to cruelty or harassment soon before her death - Nothing stated by PWs about act or omission by which deceased was subjected to torture - A mere omnibus statement that deceased was subjected to torture..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that regard - Plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendants claiming right over suit property on the basis of sale deeds in their favour - There is specific, clear and unambiguous recitals in the said sale deed about existence of 5 tamarind trees over which defendant have half share - Recitals found in a registered document would prevail over any other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 29, 28, 27A, 67, Evidence Act, 1872, Section 30 -- Recovery of 4.5 kgs heroin - Confession - Appeal against conviction - There is no evidence against accused No.3 to 5, except confessional statements of accused No.1 & 2 - Though it is stated that accused No.1 & 2 made frequent phone calls to accused..........
Indian Penal Code, 1860, Section 394, 397, 34, Arms Act, 1959, Section 25 -- Robbery - Disclosure statement of co-accused in another case - No evidence on record against three accused except the reference made by co-accused `S' in the disclosure statement as regards the role of these three accused - Only that portion of information in disclosure statement which lead to..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by prosecution but with the leave of Court..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Neither PW1 nor investigating officer confronted with the statement and questioned about it - Statement of PW1 recorded u/s 161 Cr.P.C cannot be looked into for any purpose much less to discredit the testimony of PW1 and prosecution version...........
Criminal Procedure Code, 1973, Section 161 -- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Farming of issues - Non filing of written statement - Since pleadings of parties were not at variance on material proposition of fact or law, therefore, there is no necessity of framing of issues...........
