Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendants is invalid - Plaintiff not a party to the sale deed and only seeking declaration being already in possession - So far as alternative prayer for possession is concerned, it is a contingent event that in case plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Trial - Parties have settled the matter mutually - Prayer for sending the same to Mediation and Conciliation Centre of High Court - Held, applicant directed to deposit a sum of Rs.8,000/- within three weeks from today with Mediation and Conciliation Centre of which 50% shall be paid to opposite..........
Criminal trial -- Absconding for long time - By itself does not establish guilt - Absconding by itself is not conclusive either of guilt or of guilty conscience - Abscondance by a person against whom FIR has been lodged, having an apprehension of being apprehended by the police, cannot be said to be unnatural...........
Criminal trial -- Motive - It is primarily known to accused himself - It may not be possible for prosecution to explain what exactly prompted or excited the accused to commit the particular crime - Statement of witness credible - Proof of motive strengthen the prosecution case - Further held, that if the motive is not established it will not render the evidence of eye..........
Criminal trial -- Motive - Direct trustworthy evidence of witnesses as to commission of offence - Held, motive part looses its significance...........
Criminal trial -- Motive - It assumes great importance in a case of circumstantial evidence as compared to a case where there is a direct evidence of credible nature...........
Criminal trial -- Testimony of sole witness - It is the quality and not the quantity of evidence which matters - It is the value, weight and quality of evidence with matters rather than quantity, multiplicity or plurality of witnesses - Court can convict an accused on the sole testimony of a witness and it may acquit the accused in spite of testimony of several witnesses..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence - FIR registered against unknown offenders - Though the name of the petitioner and a few others was mentioned in the police report, but no charge sheet was submitted recommending the trial for the offences against any of the accused persons - Held, under such circumstances, Magistrate cannot be..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit u/s 10 of the Act - Jurisdiction of Court to decide ad interim injunction application - Trial Court should not proceed with interim application if interim prayer touches the merit of suit or issues raised in the suit in any manner...........
Criminal Procedure Code, 1973, Section 91, 207 -- Production of documents - Accused police officer facing trial u/ss 342, 365 and 120-B IPC - During trial after recording statement of one prosecution witness, accused made application u/s 91 IPC asking court for directions to the CBI to produce certain documents and statements - Accused did not specify the document and..........
