Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession made by accused before Panchayat leading to recovery of dead body from remote forest area can be acted upon and made basis for conviction of accused - Place of recovery deep inside the forest and knowledge of it to accused raises a presumption u/s 106..........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Petition by husband - Medical evidence in the form of DNA report proved that after marriage wife had illegal intimacy with another man - Report of DNA was neither disputed nor challenged by wife - Husband thus, proved that wife was leading an adulterous life - Divorce granted to husband...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If party leading evidence gives intimation to Court by filing memos about its intention to adduce evidence in rebuttal, Trial Court can exercise power flowing from O.18.R.3 CPC - Trial Court has equipped with power to entertain such memos for exercising power U.O.18.R.3 CPC...........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Practice and Procedure -- Plaintiffs - has to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant...........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Circumstances leading to murder of deceased were in the exclusive knowledge of appellant - He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and deceased were present -..........
