Evidence Act, 1872, Section 32(8) -- Statement of witnesses - Relevancy - Double murder case - Neighbours stated that accused ran away after saying that he killed deceased and had put an end to quarrel - These statements given by neighbours to I.O constitute a relevant fact by virtue of S.32(8) of the Act. (Para7)..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Blood stained clothes of accused - Accused arrested on same day of incident wearing blood stained clothes - Blood stains found on clothes of deceased and that of accused were matched - Accused failed to explain the same - Prosecution duly proved the complete chain of circumstances..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Property dispute between parties - Dead bodies were found having incised wounds on vital body parts which were sufficient in ordinary course of nature to cause death - Motive of crime proved on record - Blood stained apparels of accused were seized and sealed at the spot and blood stains..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Averments in application seeking appointment of Commissioner itself sufficient to come to a conclusion that appointment was sought only for the purpose of collecting evidence - Commissioner cannot be appointed for collecting evidence - Order dismissing application, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for cancellation of issuance of non-bailable warrant was dismissed - Record does not reflect that accused persons were served with copy of evidence on affidavit of complainant - As such they could not be insisted to cross examine complainant on the same day - Despite application for..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Use of words `at any time before judgment is pronounced' in S.216(1) Cr.P.C empowers Court to exercise its powers of altering or adding charges even after completion of evidence arguments and reserving of judgment...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
Criminal Procedure Code, 1973, Section 472, 468, Companies Act, 1956, Section 630 -- Refusal to vacate company`s quarter - Conviction - Cognizance of offence under Companies Act - Statutory provision in Companies Act reveals that if any officer or employee of a company wrongfully obtains possession of its property, he shall be liable to criminal prosecution u/s 630..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
