Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Accused contended that time of occurrence as rendered by doctor PW7 is totally different and having regard to medical evidence, thus benefit of doubt must be given to him - Contention rejected as it cannot vitiate the other part of cogent evidence of PW1 and PW8, so as to interfere in the..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Acquisition of large area - However, exemplar sale deeds were for small plots - Extent of area transferred is relevant factor for determination of compensation - Exemplar sale deeds thus, cannot be relied upon - Since adequate evidence which would militate against claim of higher compensation..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 91, 92 -- Application for leading evidence and summoning of witnesses - Written agreement - Oral evidence cannot be adduced for the purpose of varying the contract - Moreso there is no requirement to examine the witnesses as agreement has already been admitted by the complainant - Application rightly..........
Stamp Act, 1899, Section 35 -- Release deed - Insufficiently stamped - Admissibility - Where release deed does not contain requisite stamp fee, such document is not admissible in evidence - But it could merely be an irregularity which can be cured by deposit of stamp duty - Contention that no title is passed on the basis of said document, held, rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of ganja - Appeal against conviction - Contraband recovered from houses of accused - Prosecution failed to prove that all packets which were recovered from houses of each accused contained ganja, as neither separate samples were drawn from each packets nor it is asserted that contents of all..........
Indian Penal Code, 1860, Section 363, 366A, 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Age determination - Closure of evidence - Witness No.23 is material witness and essential for just decision of case - Impugned order set aside -..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination/re-examination - Cannot be held by a party, who is not adverse to person, who has examined any such witness, as it is a right of adverse party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - As per evidence on record, cheque in question has been issued in respect of time barred debt and therefore accused cannot be fastened with liability u/s 138 of the Act...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Five passengers travelling in goods carrying vehicle having capacity of only 1+1 - Vehicle in question met with an accident on account of rash and negligent driving of offending vehicle against whom criminal case under IPC registered - Respondent/insurance company failed to produce any evidence that accident..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Enhancement - Comparable sale instances - Acquired land in Municipal area whereas comparable land in Panchayat area - Both the lands are in close proximity - If the land is otherwise comparable, merely because witness was not factually correct on description, evidence cannot be discarded, as in..........
