Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction - While hearing appeal u/s 374(2) Cr.P.C., High Court is exercising its appellate jurisdiction and there has to be an independent application of mind in deciding criminal appeal against conviction - It is duty of an appellate Court to independently evaluate evidence presented and determine whether..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Where appellants failed to adduce evidence, defence taken by them in written statement becomes a nullity and therefore, there is no locus to raise any question of law or substantial question of law - Thus, second appeal lacks merits and is liable to be dismissed...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Xerox copy of original cheque - Original cheque is lost - Xerox copy of original cheque can be received as a secondary evidence, as S.65(c) of the Act permits admissibility of secondary evidence, if original document is lost...........
Evidence Act, 1872, Section 63(2), (3), 65(c) -- Secondary evidence - Xerox copy of original cheque - Trial Court itself received original cheque, verified the same and returned to petitioner on the same date, on retaining xerox copy of same - Trial Court thus, only after due enquiry, satisfaction and comparison had returned the original cheque to petitioner after..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - If original document exists and is available, it must be produced because it is best evidence - However, if original is lost or destroyed, detained by opponent, or third person, who does not produce it before Court or physically irrecoverable, secondary evidence is admissible...........
