Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of weapon of assault at the instance of accused - Weapons were reportedly sent for chemical examination, though blood was present on the exhibits but purported chemical analyst report is not found available with case records - Relevant forensic evidence for seized shirt worn by co-accused was withheld by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Non-production of agreement by financier - Adverse inference - No adverse inference could have been drawn against Financier for not producing Hire purchase agreement before District Forum, particularly when there was no allegation in..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Evidence Act, 1872, Section 114(g), 32 -- Dying declaration - Recorded by Magistrate - Non production of same before Court - Withholding of dying declaration without any reason or cogent explanation - Can lead the Court to draw adverse inference about genuinity of prosecution case...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Rent and eviction - Sub-letting - Plea of employer and employee between tenant and sub-tenant - Both parties agree that tenant is permanently residing in Rajasthan - Everyday control of suit property is with tenant - Sub-tenant also admits to be getting paid commission on the gross sales of the business - However, no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 54 -- Recovery of 6 bags of ganja - Constructive possession - Vehicle containing contraband was owned by accused `S' at the relevant time - Certificate of fitness, insurance certificate and goods carriage permit of vehicle refer to accused `S' as owner of vehicle - No explanation offered by accused..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Appearance through power of attorney holder - Held, permissible as power of attorney holder is not a stranger and he is the brother of owner - Once he has answered all the questions, adverse inference against owner cannot be withdrawn, only on no, appearance of the owner...........
Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
