Evidence Act, 1872, Section 8 -- Motive - Case of circumstantial evidence - Existence of motive in cases of circumstantial evidence certainly assumes greater significance and importance - However, it cannot be said that in no case in absence of motive accused can be held guilty - If circumstantial evidence is clear and complete chain of circumstances are established which..........
Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are determined to live separately and not to reconcile the issues between them - Meditation attempts between parties have failed - There are irreconcilable difference between parties rendering the marriage as of today, a mere legal fiction - Though irretrievable breakdown of marriage is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - Convenience of wife has to be seen more in matrimonial cases - Request of wife can be declined only if there are weighty reasons behind the same...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 379, 504, 506 -- Bail - Cheating - Dispute between parties appears to be essentially relating to demarcation of land at best a case of criminal trespass - Accused is in custody since May 2022 and by now investigation of case must have progressed substantially - Though several cases..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income from house property and agricultural land - Deprivation of income is not strictly applicable to cases where agricultural income or income from house property is the source - Attendant circumstances have to be considered...........
