Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Accused and deceased used to reside in the same house - Burden to prove factum of death of deceased cannot be shifted on shoulders of accused unless prosecution first of all discharges its burden by proving the fact that at the time of alleged occurrence or at the time when..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased and accused used to reside in same house - Prosecution has not brought forward any evidence which could at least establish the fact that at the time of occurrence, accused was inside the house - Prosecution thus, failed to discharge its burden to prove case beyond..........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Evidence Act, 1872, Section 114, 106, 120 -- None appearance of plaintiff as his own witness - Suit filed on behalf of Trust through its trustee/wife - Husband is competent enough to prove pleading of plaint being one of trustees of trust and also authorized to depose u/s 120 of Evidence Act - Non-appearance of wife being plaintiff witness in support of pleading of plaint,..........
Evidence Act, 1872, Section 106 -- Principles governing for applicability of the provision of S.106 Evidence Act : (i) S.106 of Evidence Act is designed to meet certain exceptional cases where facts which are especially in the knowledge of accused would be disproportionately difficult for the prosecution to establish; (ii) Before invoking S.106 of Evidence Act, prosecution..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Triple murder case - Burden of proof - Facts within special knowledge of appellant were required to be clarified by them - Onus that shifted to appellant u/s 106 Evidence Act not discharged - No error in judgment of conviction...........
Transfer of Property Act, 1882, Section 106 -- Lease - Permission granted to run brick kiln - Such permission however lacking essential ingredients of lease since there is no recitation as to what is the premium or rent payable - Permission not a lease...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Case of direct evidence that eye witnesses saw the occurrence - Hence, this is not the fact which was in special knowledge of accused - S.106 of Evidence Act has no applicability in the case...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
