Indian Penal Code, 1860, Section 302, 304(Part II), Evidence Act, 1872, Section 3, 32 -- Murder or culpable homicide not amounting to murder - Proof - Appellant without any premeditation set fire on clothes of prosecutrix after dousing her with kerosene - Incident admittedly took place when prosecutrix resisted appellant to commit rape - In FIR, a dying declaration, it was..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Admissibility - Held, Photostat copy of a document can be allowed to be produced only in absence of original document - When a party seeks to produce photostat copy it has to lay foundational facts by proving that original document existed and is lost or is in possession of opposite party who..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Admissibility - Objections as to - Held, objections must be taken at earliest by opposite party after photostat copy is tendered in evidence - When opposite party raises objection as to authenticity of photostat copy its authenticity has to be determined as every copy made from a mechanical process..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Application for - Rejection - Validity - Photostat copy of alleged agreement sought to be produced by petitioner as secondary evidence - Trial Court dismissed application without affording proper opportunity to petitioner to lay foundation for leading secondary evidence - Held, impugned order..........
Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Held, if ingredients are made out, then accused is deemed to have caused death of woman but is entitled to rebut statutory presumption of having caused a dowry death...........
Indian Penal Code, 1860, Section 304B -- Evidence Act, 1872, S.113-B - Dowry death - Burden of proof - Held, initial burden of proving death of a woman within seven years of her marriage in circumstances that are not normal is on prosecution - Such death should be in connection with or for a demand of dowry which is accompanied by such cruelty or harassment that eventually..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, Constitution of India, 1950 - - Preventive detention - Validity - Detention order sought to be quashed by detenu on ground of unexplained delay of five months in execution of detention order - Evidence on record shows that on coming to know of detention order detenu absconded only with intention to escape..........
Indian Penal Code, 1860, Section 302, 84, Evidence Act, 1872, Section 105 -- Murder - Plea of insanity - Accused diagnosed as suffering from major depression and nothing more - Nothing on record to show that accused was given any psychiatric treatment - Fact that after stabbing child, accused attempted to slit his throat and commit suicide, belied all contentions that he..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - Held, quasi judicial authorities when deciding question of title are supposed to exercise jurisdiction akin in civil Court - After looking into pleadings of parties issues need to be framed and thereafter looking into evidence on record finding has..........
