Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Neither the statement made to I.O. can be treated as gospel truth nor the voluntarily statement made by accused can be relied upon except to the extent of the discovery of fact, on information supplied, which would be a strong implicating circumstance if, and..........
Evidence Act, 1872, Section 9, Criminal Procedure Code, 1973, Section 54A -- Test Identification Parade - Test identification parade done at investigation stage only aids the investigation but cannot lead to conviction unless accused are identified in the box at the time of trial in the Court...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Confession - Mere recovery of dress u/s 27 of Evidence on the basis of confession statement made by an alleged conspirator, does not implicate other accused who were alleged to be assailants who killed the deceased...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance...........
Evidence Act, 1872, Section 17 -- Admission is best evidence and no further evidence is needed...........
