Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Recovery of weapons of assault is not sine qua non for convicting an accused as entire evidence on record is required to be taken into consideration...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Absence of recovery of weapons of assault would not weaken the case of prosecution in the presence of other evidence on record that is found reliable...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Evidence of eye witnesses is consistent and also acknowledging presence of each other at the spot of incident - Manner in which appellants assaulted deceased persons has been clearly indicated - These witnesses were cross-examined but nothing contrary to prosecution case has been elicited from them - Minor..........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence could be led beyond pleadings...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Where parties go to trial with knowledge that a particular question is in issue though no specific issue has been framed thereon and adduce evidence relating thereto, they cannot claim prejudice for issue being not specifically framed...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income and standard of proof - For a daily wage earner or person engaged in petty trade, courts should not adopt a hyper-technical and restrictive approach and such claimants should not be compelled to furnish elaborate documentary proof of income - Direct evidence including oral testimony of..........
