Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for specific performance - Ready and willing - Proof - Can only be proved by plaintiff himself when he enters into the witness box - This fact cannot be proved by an attorney which did not have personal knowledge either of the transaction or of his readiness and willingness -..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Attorney - Evidence as regards personal knowledge - (a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of attorney and the filing of the suit; (b) If the attorney holder has done any act or..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 20 -- Illegal gratification - Recovery from public servant - Two of the independent witnesses turned hostile - Accused convicted on the basis of testimony of the complainant and one official witness who absolutely have no reason to involve accused in a false case as no animosity of any kind suggested to them -..........
Criminal Procedure Code, 1973, Section 306, 307, 308 -- Pardon granted to an accomplice u/ss 306 and 307 of the Code - It protects accomplice from prosecution and he becomes witness for prosecution - If pardon is withdrawn or forfeited on the certificate given by the Public Prosecutor in the event of accomplice having failed to comply with the condition on which pardon was..........
Evidence Act, 1872, Section 133 -- Evidence of an accomplice - Admissibility - An accomplice is a competent witness against an accused person - Conviction can be based on the uncorroborated testimony of an accomplice if found reliable...........
Criminal Procedure Code, 1973, Section 307 -- Tender of pardon - Allegations of gang rape, abduction and murder - Case based on circumstantial evidence - No witness on the aspect of last seen - One of the accused applied to be approver and for tender of pardon - His role was comparatively lesser, than other accused - His evidence vital to establish the guilt of other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of defence witness - Power of Court - Held, it is beyond any debate that the provisions of S.311 of the Code of Criminal Procedure can be invoked at any stage before pronouncement of judgment when it is found that same is necessary for just..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Independent witness joined but not examined being won over - It cannot be said that no reliance can be placed upon deposition of official witnesses alone...........
Indian Penal Code, 1860, Section 395, 397, Arms Act, 1959, Section 25 -- Dacoity committed by four person - Police was informed by complainant that his daughter-in-law managed to escape from the house and informed that 5-6 persons have entered in their house causing injuries to his wife and took away jewellery and cash - Conviction set aside on the following grounds : (a)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Conscious possession - Recovery of two bags of poppy husk from the place which was a thoroughfare and that accused was standing near the bag - Held, it cannot be said that accused was in conscious possession of the bags - Moreover, independent witnesses were not joined though available and seal after used..........
