Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question - Once it was held that partition was..........
Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35 -- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Plaintiff sought declaratory relief with further relief as to wrong mutation entries - Since plaintiff continues to be in possession, he has not sought for any injunctive relief and therefore, suit for mere declaration is not hit by S.34 Proviso of the Act - Moreover, defendant failed to lay..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Single shot injury - FIR lodged without delay - Source of light on spot proved on record - Accused attempted assault and is directly involved in commission of offence - Co-accused though present and stated to be armed with weapons on spot, but no assault attributed to co-accused - No evidence on record that co-accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter', which is mandatory..........
Arbitration and Conciliation Act, 1996, Section 34, 31(5) -- Arbitral award - Setting aside - Limitation - Appellant accepted award being head of family on behalf of himself and his family under an acknowledgment, in terms of compliance of S.31(5) of the Act - Service of arbitral award on appellant thus, amounts to service on other appellants and they cannot plead no,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Interested witnesses - Motive of crime is clear as on previous day of occurrence also, parties met at police station regarding some issue - Evidence of ocular witnesses narrates guilt of accused beyond reasonable doubt and corroborates with medical evidence - Testimonies of interested witnesses provided clear picture of..........
