Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or culpable homicide not amounting to murder - Sudden provocation - On perusal of evidence of witnesses, incident in question appeared to have happened on spur of moment - Deceased and accused were good friends prior to incident and had no previous enmity between them - Accused could not be said to have taken any..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Triple murder case - Appeal against acquittal - All witnesses have resiled from their earlier versions - Belated affidavits and statements u/s 164 Cr.P.C. cannot provide any corroboration to the weak and unreliable testimonies available in a case - Held, case is based on circumstantial evidence - Prosecution has failed to..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Accused alleged to have developed physical relations with prosecutrix on pretext of marrying her - From assessment of evidence on major points starting from genesis of entire offence till subsequent occurrences including establishment of physical intimacy in open fields surrounded by house, no corroboration found on..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - High Court may permit any additional evidence in second appeal where it appears that same is in the interest of justice or same refers to subsequent happenings or events which are relevant for disposal of second appeal...........
Land Acquisition Act, 1894 - - Ancestral property - Sale deed - Validity of - Suit for declaration that sale deed was nullity as disputed property was ancestral property in hands of vendor and as per custom prevalent in society of respondents sale of such property except for legal necessity was not permitted - Except PW1 respondents not examined any witness from village or..........
Administration of Evacuee Property Act, 1950, Section 14, 18, 20 -- Evacuee property - Validity of order passed under the Act - Jurisdiction of civil Court - Held, Act is a complete code in itself as regards manner of claim that were possible in respect of evacuee property - If trust has participated in proceedings then if Trust were to contend that separation made was..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Allotment of property - If order passed on 21.06.1976 by Settlement Officer refusing to confirm sale had been challenged in appeal and matter was pending before Chief Sales Commissioner, property could not have been taken as available for Govt. to make a fresh allotment - If such an allotment was made, it..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 394, 34 -- Appeal - Dismissal for non prosecution - No criminal appeal can be dismissed on ground of default in appearance - Court has to go through record of case even in absence of appellants or his counsel and decide the matter on merit - Order of dismissal quashed - Appeal remanded to be..........
Injunction -- Title - Held, plaintiff is making claim with reference to suit property under a document which has dealt with only suit property and therefore, plaintiff's title to property has been established - Discrepancy with regard to southern boundary could be explained by fact that even apart from defendant there was yet another owner whose presence on south is an..........
Indian Penal Code, 1860, Section 302, 307, 452, 149 -- Murder - Attempt to murder - Unlawful assembly - Proof - Accused persons armed with weapons alleged to have trespassed in houses of deceased persons at midnight and killed all family members of injured witness - Testimony of injured eye-witness is cogent, credible and trustworthy - Seizure of blood-stained materials..........
