Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband alleges that wife levelled allegation of impotency upon him - However, evidence on record shows that if wife levelled an allegation of impotency against husband, she would not have returned to her matrimonial home nor would husband insisted on resumption of matrimony - Moreover, there..........
Evidence Act, 1872, Section 32 -- Dying declaration - A valid dying declaration may be made without obtaining a certificate of fitness of declarant by a medical officer...........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Identification in Court is a substantive piece of evidence and TIP simply corroborates the same...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of recoveries is doubtful and hence not proved - Motive of crime also not proved, as it would not be safe to act upon belated and solitary assertion of PW3 to hold that motive behind commission of offence stands established - As regrading last seen theory, that itself cannot be a ground to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Evidence Act, 1872, Section 154 -- Quantum of seized article - Hostile witness - PW3 was declared hostile by prosecution but his evidence in connection with preparation of labels in presence of PW14 corroborated by PWs could not be washed off on record - Said evidence unimpeachably speaking of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 25 kg 450 gms ganja - Non-mentioning of quantum of seized ganja - Plea of accused that quantum of seized ganja was less than commercial quantity - Plea rejected as neither cross examination of PWs at the appropriate stage of adducing evidence was held, nor any objection at the time of..........
Evidence Act, 1872, Section 57(6), 85, Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Unregistered power of attorney but authenticated by notary - Court is bound to presume that it was duly executed especially in the case of no rebuttal...........
Evidence Act, 1872, Section 66 -- Notice to produce document in possession of other party - Provision of S.66 of the Act can be invoked only when existence of such document is established - When a party has denied the existence of such a document then without producing any material to the existence and possession of such document, provision of S.66 of the Act cannot be..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - State promised concessional tariff for consumption of electricity to appellant manufacturing unit - Said concessional tariff later on amended by State - Principal of promissory estoppel would not be applicable against State so as to entitle the appellants any right to the continuation of concessional tariff earlier..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty by husband - Repeated physical assault in drunkard condition - No evidence on record that husband is a habitual drunkard or that he was booked under Punjab Excise Act - Nor any medico-legal report produced to prove allegation that husband beat his wife under influence of liquor - Material particulars..........
