Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
Partition suit -- Plaintiff and defendant failed to produce even an iota of evidence qua their ownership over suit property - Merely because ownership was admitted by defendant no.1, would not be a ground to entertain the suit and decree the same - Suit rightly dismissed...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 106 -- Abetment of suicide - Accused stated in his statement u/s 313 Cr.P.C. that he was not at home at the time of incident - No evidence has been led by prosecution to rebut such assertion - Thus, no adverse inference can be drawn - Appellant acquitted...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide Incidents relied upon are stale and disconnected from the act of suicide - Material omissions in statements u/s 161 Cr.P.C. raise doubt on credibility of PWs - S.106 of Evidence Act cannot be pressed in aid due to lack of proximity or presence of accused - Conviction and sentence set aside - Appellant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual Harassment - Acquittal - Appreciation of evidence - Inconsistent statement of prosecutrix - Prosecutrix made inconsistent statement regarding the incident in statement u/s.164 Cr.P.C and testimony in court - Further, neither the statement to prosecution witness was corroborated by statement of..........
Indian Penal Code, 1860, Section 451 -- House trespass - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she herself allowed the respondent to enter the house - Therefore, respondent did not committed the offence of house trespass - Acquittal upheld...........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she immediately ran away from her house on being sexually assaulted by accused -Accused had no time to make threat if prosecutrix had immediately left on being sexually assaulted by accused by pushing the accused -..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on cheque - Cheques in question were not issued by petitioner - Question of sending cheques for comparison cannot be allowed, as same belong to third party - Application rightly dismissed...........
Criminal trial -- Affidavit - Swearing or affirmation of an affidavit is not an empty formality and oath or solemn affirmation should not be taken lightly, more particularly in proceedings which are decided on basis of affidavits only, without taking any other evidence...........
