Indian Penal Code, 1860, Section 302, 316, Evidence Act, 1872, Section 106 - - Prosecution examined as many as three witnesses of fact but none of them deposed that accused was present in his house at the time of incident - These witnesses failed to support prosecution case as spelt out in FIR and were declared hostile - Prosecution thus, failed to discharge its initial..........
Evidence Act, 1872, Section 102 -- Joint Family Property - Onus to prove - If family was jointly headed by a Karta and land revenue was also being paid in respect of land acquired in the name of certain individual members of joint family from the joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint..........
Evidence Act, 1872, Section 165 -- DNA test - Delay of 9 years in filing application for DNA test and for taking on record DNA Test Report - Suit is at the final stage - Application rightly dismissed...........
Foreigners Act, 1946 -- Person wrongly declared as foreigner - Appellant successfully established his grandfather's identity, father's identity through documentary evidence - Mere fact that father may later have gone to another village is no reason to doubt said documents - Apart from these documents certain other documents produced by appellant including photo identity..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Death of driver of motorcycle - Compensation - Accident occurred in middle of road - However, exact location of accident as marked out in site plan, not explained muchless proved through a competent witness by accused to substantiate their defence - While existence of site plan may not be in doubt, it is difficult..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 8 - - Victim claimed that she was violated by accused who was father of her friend - Version of victim is corroborated by PWs - Medical evidence though doubtful regarding penetration of vagina of victim, but it fully establishes case of attempted rape on victim -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - No evidence on record as to when accused was produced before Illaqa Magistrate for seeking judicial remand and in compliance of S.52 of the Act regarding case property - Therefore, in absence of an order by Illaqa Magistrate to keep case property in safe custody, either..........
Negotiable Instruments Act, 1881, Section 4, 20 -- Pronote - Suit pronote is having required ingredients as mentioned in S.4 of the Act - However, manner of writing and lack of evidence with regard to handing over signed paper to plaintiff has created doubt whether transaction alleged by plaintiff is in accordance with evidence given by PW2 - No evidence on the side of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - There is an organization called Nutron Activation Analysis, BARC, Mumbai, which is a Central Government Organization, which undertakes the task of determining the age of ink/writing of a document...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - Document alleged to be signed in 2008 and not in 2012 - Courts must take of note of the aspect while appreciating rival contentions that mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly the maker has written/signed the document...........
