Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - Orders and proceedings of a judicial Court subordinate to High Court - Amenable to writ jurisdiction of High Court under Article 226 - Error apparent on face of record can be corrected by certiorari - In writ of certiorari High Court may quash the proceedings of the tribunal, authority or Court but may..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5), 13 -- Sub letting - Concurrent finding as to sub-letting - No error apparent in the appreciation of evidence - High Court not to interfere in its revisional jurisdiction...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Simply because plaintiffs signatures appear on last page of memorandum of partition and not on first two pages - Not sufficient to hold that writing inchoate...........
Penal Code, 1860, Section 302 -- Evidence Act, 1872, Section 32 - Murder - Dying declaration - Conflicting dying declarations - Appreciation of evidence - Wife allegedly set on fire by husband - Succumbed to her burn injuries - Two inconsistent dying declarations - First one found to be not a spontaneous truth or voluntary statement - Same belied by the circumstances and..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction of High Court are limited - It is only in cases where findings are perverse in the sense that no reasonable person on the basis of available evidence would come to the conclusion recorded by the Courts below which would result in exercise of revisional jurisdiction - If the findings are..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Question of title/ownership - A serious question which Revenue Authorities and Appellate Authority must discernibly determine - Bound to seriously affect rights of parties to the lis before them - Proper appreciation of evidence, particularly evidence which has presumption of truth and presumption of..........
Penal Code, 1860, Section 376,354 -- Rape - Appreciation of evidence - Prosecutrix recovered from accused-appellant-s room in an unconscious condition - No medical corroboration of her unconscious state or of rape - Medical evidence based on the examination conducted after 10 days - No evidence of personal injury - Hymen though torn admitted only 1 finger - Delay in the..........
Penal Code, 1860, Section 302,34,307,34,394,398 -- r/w 511 - Arms Act, 1959, Sections 25/27 - Appreciation of evidence - Appellant-accused 'I - apprehended soon after the incident - Report of Chemical Examiner showing that the fatal bullets were fired from the revolver recovered from the accused 'I - - Accused rightly convicted by trial Court - However, appellant-accused..........
Penal Code, 1860, Section 302,449 -- Arms Act, 1959, Section 27 - Appreciation of evidence - FIR lodged promptly - Presence of PW5 at the time of occurrence proved on record - Motive too stands proved - Medical evidence supporting prosecution story - Mere fact that the recoveries were made in an improper manner would not mean that the entire prosecution story was a..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - Finding of fact - If based on mis-appreciation of evidence or erroneous application of law then High Court has jurisdiction to correct the erroneous findings of fact also...........
