Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of 5 years old daughter by her own mother - Prosecution evidence categorically established that deceased was last seen alive with accused only - Accused required to explain circumstances leading to demise of deceased - However, accused failed to explain the same and upon her failure burden u/s..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Mere fact that there was quarrel between mother-in-law/PW1 and accused in the morning of date of incident, because accused wanted to go to her place of her father, it cannot be said that such a quarrel would make a case of grave and sudden provocation to commit the murder of deceased - Case cannot be brought..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - (i) landlord tenant relationship is admitted, (ii) rent amount is admitted, (iii) it is admitted that this is not a case which is protected under Delhi Rent Control Act, 1958, (iv) termination of the lease is admitted - It is also an admitted position that even by..........
