Evidence Act, 1872, Section 21, 24, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra-judicial confession - Confession made by accused to his friend which is proved to be voluntary - Even, motive is proved on record - Moreover, FSL report and DNA report matched with blood group of deceased - Prosecution proved its case beyond reasonable doubt..........
Hindu Adoptions and Maintenance Act, 1956, Section 10, 11 -- Adoption - Of a person above 23 years of age having children - No proof of custom to adopt a child above 15 years of age - Factum of adoption not established by conclusive evidence - Adoptive father, as defendant No.1, denied the adoption - On death of adoptive father, son claiming to be adopted child did not..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by wife - Onus to prove is on petitioner - Even if the same is not proved by independent evidence, they can be believed if there is strength for such grounds in the pleadings of petitioner and also by considering the allegations made by respondent against petitioner...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 4 -- Ejectment - Revisional jurisdiction - Arrears of rent - Rent Controller and Appellate Authority after due appreciation of material on record have recorded a finding of fact that respondent has paid rent till October, 1992 - He has not paid rent from November, 1992 - Case of respondent that since January, 1993,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder - Oral dying declaration - Reliability - Accused persons alleged to have assaulted 70 years old lady by lathi - PW5 (eye-witness) informed PW1 (deceased's son) about the incident - PW5 deposed that deceased was assaulted by A1 - He did not make any allegation against A2 - PW1 alleged that..........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Funeral expenses - It will be just, fair and equitable, in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs.25,000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 40 Kgs - Contradiction in the statement of witnesses with regard to colour of contraband recovered - PW8 MHC and PW9 Constable did not state that case property was not tampered with when case property was in their possession - Held, prosecution has failed to prove link evidence -..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - If the conduct of the witness is inconsistent with the conduct of an ordinary human being then his testimony has no credence for acceptance...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Weak form of evidence - Based on such evidence no conviction and sentence can be imposed...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Guiding principles : (i) The extra-judicial confession is weak evidence by itself. It has to be examined by the court with greater care and caution; (ii) It should be made voluntarily and should be truthful; (iii) It should inspire confidence; (iv) An extra-judicial confession attains greater credibility and..........
