Indian Penal Code, 1860, Section 302, 34 -- Murder of five persons and causing injury to one Harjinder Singh - Defence plea of private defence - Trial Court disbelieving, held guilty u/ss 302/34 EPC and awarded life imprisonment - High Court acquitting the three respondents in appeal in absence of any substantive evidence - State and complainant filing appeals to Supreme..........
Criminal trial -- Neither the investigation nor the trial was fair and eye-witnesses examined not telling the truth - Appeal allowed and conviction set aside...........
Indian Penal Code, 1860, Section 148, 302, 149 -- Trial Court convicted A1 to A6 u/s 302 r/w 149 IPC - High Court, in appeal acquitted them on ground of right of private defence - Held, High Court overlooked material evidence - Investigation was one sided and not fair -Evidence of P.W.2 and P.W.7 having no infirmity - sufficient evidence that A1 to A6 exceeded right of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff's claim that he is entitled to pass through a two karams wide passage in the land of defendants by way of easement of necessity - Local Commissioner appointed - Factual reports of local Commissioner did not show any passage or patti in existence on the spot - Further negatives plaintiff's case..........
Civil Procedure Code, 1908, Section 47 -- Death of J.D. during pendency of second appeal - High Court passed a decree of dismissal of appeal - Decree passed against a dead person is a nullity and cannot be executed - The decree of High Court is only decree executable - When it is a nullity it cannot be executed...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(g) -- Bonafide and reasonable requirement of landlady for additional accommodation - Appellate Court passed eviction decree - High Court upsetting the decree on ground that the landlady did not specify the plinth area of the space which is presently in her occupation - Held, not correct - Appeal..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Trial Court acquitted the accused as evidence led by prosecution disbelieved - High Court relying upon evidence of PW2 which was held to be supported by FIR and evidence of PW4 and also the evidence regarding recovery of knife, convicted the accused - Held, High Court committed a grave error in placing..........
Civil Procedure Code, 1908, Section 100, Order 26, Rule 10 - - Suit for declaration that plaintiffs entitled to use the passage/path by way of easement of necessity - Decreed by trial Court but dismissed in appeal - In second appeal plaintiffs - appellants' stand that they are using the path in dispute for the last 20 years and this fact can be ascertained by deputing a..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Dying declaration - Contention that `S' could not have been in a fit state of mind to make dying declaration as she had received 60% burns - Was given an injection of Morphine about an hour before her dying declaration was recorded - Contention not accepted - The categorical evidence of the doctor that..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Dying declaration - Medical evidence showed 100% burns - The thumb mark appearing on the dying declaration had clear ridges and curves - The evidence of PW1, the doctor not reliable - He failed to satisfactorily explain how such a thumb mark could appear on the dying declaration when `R' had 100% burns..........
