Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compassionate assistance - Compensation paid under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules has to be deducted from compensation payable under Motor Vehicles Act - However, High Court has deducted only 50% of compensation under said Rule from amounts awarded..........
Service -- Excess payment - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud on the part of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous, such..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 25, 27a, 29 -- Bail - Contraband - Police apprehended petitioner who was sitting on the pillion seat of motorcycle driven by his son/co-accused - Whether recovery which was effected from polythene bag held by co-accused in his left hand is also to be..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on the basis of recovery at the site of incident of a wheel spanner, which according to prosecution has fingerprints of appellant on it and three pairs of slippers would not be enough for holding appellant guilty of having caused the death of deceased - Appellant acquitted...........
