Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Not necessary to plead that action was done in self defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to Court to consider such a plea - Court can consider it if available from the material on record even in absence of such a plea by..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done illegal act; the agreement may be proved by necessary implication - Offence of criminal conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act..........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Evidence Act, 1872, Section 114A, Indian Penal Code, 1860, Section 375, 376 -- Promise to marry - Intercourse with consent of prosecutrix - Absence of consent - Burden is on prosecution to prove absence of consent - Of course, position is different if case is covered by S.114-A of Evidence Act - Consent or absence of it can be gathered from the attendant circumstances -..........
Medical Negligence -- Delivery case - Caesarean operation performed and a baby girl delivered but resulting in the death of wife of appellant - Allegation that doctor failed to diagnose jaundice before performing an unnecessary caesarean operation - No symptoms of jaundice were exhibited or reported by the patient - No reason for doctor to suspect the same - In the light..........
Constitution of India, 1950, Article 14, 19, 21 -- Stamp Act, 1899, Section 73 (as amended by Andhra Pradesh Act No.17 of 1986) - Bank and its customers - Confidentiality of relationship - Held that the right to privacy deals with `persons and not places' - The documents or copies of documents of the customers which are in Bank, must continue to remain confidential..........
Insurance claim -- Material concealment of disease - Onus of proof - It was on the petitioner insurance company - Petitioner was supposed to prove that at the time of taking policy, the person who gave the information, knew about such a disease and he withheld it with an intention to defraud the Insurance company...........
Hindu Law -- Ancestral property - Alienation - Legal necessity - Burden is on a purchaser to prove that there was a legal necessity in fact or that he made a proper and bonafide enquiry as to existence of such necessity and did all that was reasonable to satisfy himself as to existence of such necessity - Such burden is discharged once the vendee shows that there was a..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere possession of forged counterfeit notes is not sufficient in itself for convicting a person u/s 498-C IPC - In order to prove offence u/s 498-C IPC it must be proved that a person is in possession of forged currency notes and secondly that he has knowledge or reason to believe that the same is forged..........
Indian Penal Code, 1860, Section 302, 34, 498A -- Conviction u/s 302 r/w 34 and 498-A IPC - Husband and in-laws caused physical and mental harassment of wife and committed murder by pouring kerosene and setting her ablaze - Evidence of Magistrate recording dying declaration and doctor sufficient to prove prosecution case - Other circumstantial evidence including spot..........
