Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Appreciation of evidence - Eye-witness - Evidence of - Accepted by both the Courts below - Both the accused had common animus against the deceased as they had not liked his illicit intimacy with their mother - Both the accused were acting in furtherance of their common intention when they had assaulted..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Interested witness - Sole testimony - Appreciation of evidence - The quality and not the quantity of the evidence that matters - If the statement of the witness is reliable, there is no legal embargo in passing a conviction only on sole testimony...........
Judgment -- appreciation of evidence - Plaintiff must succeed or fail on his own case - Cannot take advantage of weakness of defendant's case to get a decree - Plea that in absence of any evidence on side of defendant and more so when defendant's counter - claim dismissed, plaintiff's suit should be automatically decreed as prayed for - Not tenable - Suit for specific..........
Civil Procedure Code, 1908, Section 115 -- Revision - Appreciation of evidence - High Court in revision cannot embark upon appreciation of evidence to come to a different conclusion than which is arrived at by the trial Court...........
Punjab Excise Act, 1914, Section 61(1)(c) -- Revision against conviction - Appreciation of evidence - Conviction resting on the sole testimony of police officials - No independent witness joined in the raid which was conducted on receipt of secret information - Not safe to convict the accused on the sole testimony of police officials who had not been corroborated by any..........
Indian Penal Code, 1860, Section 304(Part II), 324, 323, 24 -- Appeal against conviction - Criminal law - Appreciation of evidence - No independent witnesses from the locality has been examined - The Court has been left only to assess the statement of the interested witnesses, though injured witnesses - Witnesses of the prosecution held concealing the material facts - They..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Evidence of close witness - The statement of such witness which otherwise inspires confidence cannot be brushed aside only on the ground that he was close to deceased...........
Criminal Procedure Code, 1973, Section 386, 391 -- Appellate Court - Remand of case to trial Court - Appellant Bank Manager charged for offence of cheating by falsification of accounts - In Auditors report submitted in 1984 and 1985 alleged lapses not pointed out but in 1986 Auditors' report lapses pointed out on basis of which complaint lodged and charge sheet filed -..........
Agreement to sell -- Suit for specific performance - Case of plaintiff as to delivery of possession at the time of execution of agreement in the presence of attesting witnesses - Earlier statements of attesting witnesses in a different proceeding that delivery of possession was not given in their presence brought on record and contradictions put to witnesses - Delivery of..........
Prevention of Corruption Act, 1947, Section 5 -- Appeal against conviction - Appreciation of evidence - Corroboration - No independent corroboration to the deposition of the complainant and the shadow witness to the recovery of bribe money from the accused - Prosecution case is infirm and truncated - Independent corroboration of the evidence of accomplice and shadow..........
