Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Criminal Procedure Code, 1973, Section 482, 239 -- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to apply said provision thus,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i), Hindu Marriage (Punjab) Rules, 1956, Rule 10 -- Divorce - Cruelty and adultery - Petition by husband - No evidence on record to prove that wife aborted the child and concealed the foetus at home - Ground of adultery against wife also not proved - Petition filed by husband knowing fully well about person with whom wife..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 228 -- Offence u/ss 13(1)(d), 13(2) of Prevention of Corruption Act and S.120-B IPC - Prima facie after pursuing challan papers and study of evidence collected during investigation, trial Court committed no error in framing charge for..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Evidence Act, 1872, Section 115, Constitution of India,1950, Article 243ZG(b) -- Rajasthan Municipalities (Motion of No Confidence Against Chairperson or Vice-Chairperson) Rules, 2017, Rr.2(1)(b), 3, Rajasthan Municipality Act, 2009, Ss.30, 31, 43 - Election - Principle of estoppel - Applicability - No confidence motion - Petitioner challenged `no confidence motion' issued..........
Evidence Act, 1872, Section 32 -- Dying declaration - It may not be invalid solely on the ground that it was not certified by doctor - Insistence for certification by doctor is only a rule of prudence to be applied based on facts and circumstances of case - Real test is as to whether dying declaration is truthful and voluntary...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement relating to..........
