Indian Penal Code, 1860, Section 302, 364, 120B, 201 -- Kidnapping and Murder - Circumstances establishes that A1 was last seen in company of deceased in afternoon of date of incident - Further, A1 going with deceased to Ghaziabad on day of incident and was first to point out place of murder to police - A1 made false claims as to whereabouts of deceased as well as her..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder- Causing disappearance of evidence - A5 was driving of car in which deceased was last seen with A5 and A1 - Car went up till Spot A, which is place of incident as is evident from existence of mud from spot on tyres of car - False claims made by A5 and fact that body of deceased was recovered from a sub-canal where..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband not taken any steps to recall wife - Wife has a key of house of husband where she could come and take her jewellery - Relationship of husband and wife is not severed completely and wife has given evidence that she has been discharging matrimonial duties - Wife still has an..........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of prosecution evidence - One set implicating accused and the other set exonerating accused - When prosecution comes with two sets of self contradictory or mutually destructive evidence, Court has to reject both or at best can accept one favouring accused - Since prosecution case is grossly inadequate to bring home..........
Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of a hostile witness does not get washed off the record - Said testimony to the extent reliable can be acted upon...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 154 -- Murder - Hostile witness - PW4 who was present on the spot was declared hostile by prosecution - However, testimony of a hostile witness to the extent reliable can be acted upon - Admittedly presence of PW4 at the place of occurrence was admitted and his testimony supported the testimony of PW8 -..........
Suit for Recovery - - Parties are partners in the firm - Plaintiff obtained signatures of defendant on pretext of procuring loan,and he in good faith signed those papers - Plaintiff misused those documents and fabricated the pronote and also receipt - Witness admitted their signatures on pronote and receipt - Plaintiff failed to lead any evidence to prove passing of..........
Civil Procedure Code, 1908, Order 13, Rule 10(3) -- O.13.R.10(3) CPC, enable Court to use in evidence, any document under the law, which would otherwise be inadmissible in suit...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord's requirement should not be seen through the window of suspicion, unless there is strong evidence against such bonafide need or requirement...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Should contain statement in concise form and material facts on which party intends to rely for his claim or defence but not evidence by which they are to be proved...........
