Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Deceased had been smothered to death and thereafter hung in premises which had been let out to accused - However, prosecution failed to discharge its onus that accused were present on fateful day at the place of occurrence where deceased suffered homicidal death - No evidence is..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Factum of land being owned by plaintiffs is not in dispute because this has been admitted by defendants themselves in written statement - Contention of defendants that their possession over suit land was legal as suit land stood acquired for them and compensation stood paid to land owners is not..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of married lady - Genesis of incident as narrated by prosecutrix suffers from inherent improbabilities and contradictions - Prosecutrix claimed that accused dragged her away from a thoroughfare while she was going to office - Though prosecutrix admitted that many people used road but no one came forward to corroborate..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternative accommodation - Leave to defend - Explanation given by landlord is not on record in these proceedings and accordingly it becomes a matter of trial and it would be appropriate for parties to lead evidence and establish as to whether landlord has any additional alternative..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation that wife is deriving income or living in adultery not proved by husband, as he had not mounted to box and let in any contra evidence - Oral testimony of wife stands uncontroverted - No material to prove that wife has any avocation to maintain herself - Family Court rightly awarded maintenance..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Defendant stating that original Will is in possession of plaintiff - Contention of plaintiff that he is not having possession of alleged Will - No valid and sufficient grounds are made out by defendant in support of his request to direct plaintiff to cause production of alleged original Will - Held, defendant..........
Evidence Act, 1872, Section 108 -- Presumption as to death - Presumption u/s 108 of the Act would be available if a person has not been seen for a period of 7 years by those who would have naturally heard of him, if he had alive - Said presumption, however, would not arise when a specific date of death is proved by evidence...........
