Evidence Act, 1872, Section 3 -- Appreciation of evidence - Absence of a suggestion to a witness may not be the deciding factor in determining the outcome of a plea - However, in the wheel of consideration of all facts in issue and their legal implication, the absence of a suggestion constitutes an important cog in the wheel of consideration - Timing, absence of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of Charge sheet - If evidence collected during investigation does not disclose alleged offence then charge sheet can be quashed...........
Indian Penal Code, 1860, Section 304II, 294(b) -- Offence u/ss 304-II, 294(b) IPC - Evidence of projected eye witnesses to have witnessed assault is highly doubtful - No blood stain detected on wooden log used in assault by appellant as per forensic report - PW1 and PW8 took deceased to Hospital in a Auto travelled for some time, there is no blood stained clothes of both..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff is in possession of plot in dispute - In the absence of any cogent and reliable evidence led by appellants to show that they are in possession of plot in dispute and that there had been a partition, possession of plaintiff rightly protected - Relief of permanent injunction rightly granted...........
Evidence Act, 1872, Section 102 -- Burden of proof - Adverse possession - Defendants have raised plea of adverse possession as such burden is on them to prove affirmatively that bar of limitation prescribed u/art 65 of Limitation Act, viz. 12 years, is applicable - But, limitation of 12 years begins when possession of defendants would become adverse to that of plaintiff -..........
Adverse possession -- Plea of adverse possession is essentially a factual plea and such plea should be pleaded specifically and proved by adducing substantive legal evidence - Long possession by itself would not be sufficient to prove adverse possession - Animus possidendi against true owner is also necessary...........
