Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court is not required to screen evidence or to apply standard whether prosecution will be able to prove the case against accused at the trial - Court has to see only prima facie case against accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Agreement to Sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove availability of sufficient funds - If plaintiff does not have sufficient funds with him then plaintiff has to specifically plead how the funds would be available to him - To cite an example, plaintiff may aver and prove, by adducing evidence, an arrangement with a..........
Agreement to Sell -- Specific performance - Readiness and willingness - In a suit for specific performance of an agreement, it is for plaintiff to prove his readiness and willingness to perform his obligations under agreement...........
Agreement to Sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all along and till final decision of suit, he was ready and willing to perform his part of contract...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Recovery of Rs.1 lakh each from accused - Prosecution failed to prove that complainant and deceased were carrying Rs.5 lakhs cash in dicky of scooter and it was the very looted amount which was recovered from accused - Accused thus, cannot be convicted on basis of recovery of some cash - Accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of gun from co-accused was owned by accused - However, how weapon came into possession of co-accused and who used it has not been proved by prosecution - Recovery of gun held, not proved - Presence of accused in the place of occurrence is highly improbable - Inadequate evidence on record to implicate accused -..........
Indian Penal Code, 1860, Section 307, 325, 427, 504, 34 -- Attempt to murder - Delay in lodging FIR without any plausible explanation - Nature of injuries do not support prosecution case - PW1 who happens to be brother of injured could not prove his actual presence at the place of occurrence - Injured was taken to hospital far away from the place of occurrence despite..........
