Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness/PW1 not supported by medical evidence - There is material discrepancies between ocular evidence of PW1 and injuries found in postmortem report - Appellants allegedly assaulted deceased with Laathi, which is hard and blunt object but injuries found on dead body during postmortem have been found..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If there is any infirmity in cheque return memo, it does not render entire trial u/s 138 of the Act as nullity, as cheque return memo is not a document which is required to be covered under Bankers Book (Evidence Act)...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced at appellate stage can be accepted only if there is a satisfactory explanation for the non-production before the original Court, i.e. despite exercise of due diligence or the same was not within the knowledge of party or it could not be produced despite..........
Evidence Act, 1872, Section 92 -- Oral evidence - Evidence to vary terms of an agreement in writing is not admissible, but evidence to show that there is no agreement in the first place is admissible - Thus, unless grounds fall within S.92 provisos of the Act read with illustrations to said section, there is a bar on adducing oral evidence...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Offence u/ss 302, 376, 201 IPC - Conviction - The circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused - Those circumstances should not be capable of being explained by any other hypothesis except the guilt of the accused and the chain of the..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Ground of a spouse suffering from schizophrenia by itself is not sufficient for grant of divorce u/s 13(1)(iii) of the Act as it may involve various degree of mental illness - It ought to be proved that spouse is suffering from a serious case of schizophrenia which must also be supported by..........
