Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - No evidence on record that dead body of deceased was recovered at the instance of accused on the basis of disclosure statement, as it was in the knowledge of public at large that a dead body was lying at the place where recovery was effected by police - None of PWs..........
Indian Penal Code, 1860, Section 302, 304 -Part-I -Nature of offence - Incident occurred on account of some minor grievance resulting in sudden fight without any premeditation - Both the parties received injuries - Accused persons used stick to cause injuries on the head of deceased who died due to such assault - There was no motive alleged or proved, for assault upon..........
Prevention of Corruption Act, 1988, Section 7, 8, 13(2), 13(1)(d) -- Illegal gratification - A-2 allegedly demanded Rs.2,000 on behalf of A-1 for installation of electricity meter in the house of complainant - However, it is proved on record that A-2 was working as a private contractor and not known to A-1 - Evidential fact were not established by prosecution in order to..........
Service -- Compassionate appointment - Termination of services after 15 years of appointment on the ground that appellant being brother of deceased does not fall within definition of "dependent of deceased" to claim compassionate appointment - Appellant not committing any fraud, manipulation or suppression of material fact for securing appointment, as appellant being a..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Denial for want of knowledge is no denial at all - Execution of sale deed not specifically denied in written statement - Once execution of sale deed was not disputed it was not necessary to prove the sale deed - Provision contained in O.8.R.5 CPC require pleadings to be answered specifically in written..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Prior enmity between parties - Injuries caused to both the sides - Accused had no intention to kill deceased, as in case accused had any intention, he had not taken the deceased and injured witness to hospital - However, conduct of accused dragging deceased who had multiple injuries on his..........
Agreement to sell -- Suit for specific performance - Time essence of contract - Specific time for execution of sale deed given in contract as sale deed was to be executed within one month from lifting of ban by Government as imposed on the sale of urban immovable property, which is within the knowledge of parties - Time was therefore essence of contract...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances of cruelty being of personal knowledge cannot be proved by attorney who has no personal knowledge about the alleged instances - Attorney cannot be allowed to appear and depose as witness on behalf of principal victim in the matters involving personal knowledge, as he can appear only as a witness..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife represented through power of attorney holder - Allegations were based on personal knowledge of wife - Information never transferred to attorney - Testimony of attorney could not stand to the test of cross-examination - Attorney was totally ignorant in material particulars of case - No..........
Hindu Marriage Act, 1955, Section 12(i)(c) -- Annulment of marriage - Concealment of physical deformity and infection in private parts of wife - Evidence on record shows that PWs have no personal knowledge about allegations of physical deformity of wife - No effort was made by husband to get wife medically examined from competent doctor - Evidence adduced by wife to show..........
