Evidence Act, 1872, Section 112 -- DNA test - Matrimonial dispute - Paternity of child - Principles as to when DNA test of minor child may be directed : (i) That DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed only in matters where there is no other mode of proving such assertions; (ii) DNA..........
Criminal Procedure Code, 1973, Section 482, 200, 202 -- Summoning order - Magistrate while summoning accused did not take into consideration the fact that Doctor has not deposed before Court that alleged injury caused to injured was an injury by fire arm, nor there is any document to prove the injury by fire arm - Rivalry dispute going on between parties has not taken into..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Prosecution failed to prove that possession of articles with accused such as bag, photographs and currency notes is with the knowledge of having been stolen - In the absence of such strong evidence, accused cannot be convicted u/s 411 IPC - Prosecution lacks with fundamental evidence warranted for holding..........
Criminal Procedure Code, 1973, Section 482 -- Preservation of call details record and tower location - Petitioner has not mentioned in the application as to whom mobile numbers mentioned in the application belong and how call details record and tower location of these mobiles numbers could prove his innocence - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Extra martial affair - Complaint itself is not a proof of extra marital relation - To prove extra marital relation, ocular evidence is considered as basic evidence...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - It is not necessary that there should be direct evidence in all cases to prove demand and acceptance - It can be proved by acceptable circumstantial evidence as well...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate failed to make out case U.O.41.r.27 CPC for taking additional evidence on record - Even, he failed to prove relevancy of document which is sought to be filed along with application - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Will -- Registered Will - Mere fact that Will is registered does not prove due execution of Will and same cannot be pressed into service in case of shortcomings in the evidence of attestor...........
