Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
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..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of witnesses - Presence of eye witness at the spot is wholly impractical, conduct inconsistent and against the normal human behaviour - Last seen witness had known the deceased earlier, however, he had given his statement to Police u/s 161 Cr.P.C after 17 days of incident - This again casts doubt upon veracity of..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife in her written statement as also in Court statement levelled some allegations of her husband having illicit relations with his sister-in-law as well as with one `T' - However, such allegations were not proved by any oral or documentary evidence - Wife herself admitted that she has..........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Petition for divorce filed within two months of marriage - Neither separate prayer for grant of leave u/s 14 of the Act was made nor other party raised any objection on that ground - Petition was contested on merits and evidence was led - Objection not raised until the commencement of final arguments - Parties residing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
