Evidence Act, 1872, Section 54 -- Previous bad character - Past adverse conduct of the convict ought not to be taken into consideration for the purpose of determining the quantum of sentence, except in specified circumstances...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Foreign Contribution (Regulation) Act, 1976 -- Applicability of the Act - Matter is sub judice and pending in similar case - Issue with regard to applicability of provisions of FCRA Act can be decided more properly only after evidence is adduced by prosecution - At the initial stage of proceedings, it does not appear appropriate or possible to probe this issue and decide..........
Prevention of Cruelty to Animals Act, 1960 - - Offence under the Acts - Certain observations detrimental to appellant's complaint in question were made by High Court - IO and Magistrate concerned directed to proceed the matter strictly in accordance with law on the basis of evidence and would not be influenced in any manner by observations made by High Court in impugned..........
Ownership -- Proof - To prove ownership documentary evidence of permissions granted by the municipality, property tax assessment papers, tax receipts and extract of the Book of Endowments placed on record - Held, said documents might imply possession but cannot be relied to confer title upon the holder. (Specific Relief Act, 1963, S.34)..........
Evidence Act, 1872, Section 102 -- Ownership - Burden of proof - Burden to prove ownership over suit property is on plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and plaintiff is staying therein to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Muslim Law -- Maintenance - Denial of marriage - Husband contracted marriage through Muslim law - Photographs of marriage and relatives of wife who attended marriage deposed before the Court - For conducting Muslim marriage, certificate from Jama Ath is not necessary - Evidence on record clearly proves that by Nikah ceremony marriage was contracted - Once marriage is..........
