Indian Penal Code, 1860, Section 324, 323 -- Offence u/ss 324, 323 IPC - PW1 deposed about injuries caused by appellants and same is corroborated by evidence of PW2, PW3 and PW4 - PW4 specifically deposed about assault made by A-1 on PW1 with an aruval on his head and left hand - Injuries were also caused to PW1 by A-2 with a stick - Evidence of PW4 is cogent and also..........
Evidence Act, 1872, Section 3 -- Evidence of a witness - One part of the evidence disbelieved - Said evidence not separable from the remaining part - When evidence of witness is intrinsically inseparable one, Court has to reject the evidence wholly...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted should not be cancelled in absence of supervening circumstances such as: (a) Misuse of liberty granted; (b) Attempts to tamper with evidence; (c) Threatening or intimidating witnesses; (d) Absconding or evading legal process; or (e) Committing similar offences while on bail...........
Will -- Testatrix specifically mentioned in the Will regarding cancellation of earlier Will - Will is duly proved by testimony of one of attesting witness - No evidence produced on record to prove that testatrix was not in her proper senses or was not physically or mentally fit at the time of execution of Will - Will proved on record...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact and probable defence of petitioner can only be adjudicated after parties duly adduce their evidence as same cannot be appreciated at the stage of deciding an application u/s 482 Cr.P.C...........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 10 -- Land grabbing - Burden of proof - Initial burden prima facie to prove ownership of land is on person who asserts it by way of an application alleging an act of land grabbing - On prima facie proof being offered onus will shift to land grabber, since there is a presumption arising if ownership of subject..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Employed wife - Wife's employment does not automatically disqualify her from getting interim maintenance - Maintenance awarded to wife is not a bounty and therefore, unless it is established before Family Court with cogent evidence that wife has sufficient income to maintain herself, prayer for interim..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere existence of matrimonial discord, even if proven, does not automatically attract rigors of S.306 IPC unless there is clear evidence of incitement or abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
