Agreement to sell -- Specific performance - Pleadings and evidence contradictory - Nothing in respect of oral agreement as stated by plaintiff in the agreement to sell Exh.35 - As per the pleadings, possession was handed over to him on the day of Gudi Padwa of the year 2006 - But document (Exh.35) itself shows that possession would be given to the plaintiff at the time of..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against deceased - Eye witnesses PW5 and PW6 have claimed that deceased was assaulted by accused `C' with a pati - Weapon of assault has also been recovered in this case i.e pati, but two doctors categorically stated that injury of deceased can only be caused by a sharp weapon and cannot be caused by a..........
Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross-examination - No Court can refuse a document being put to a witness during cross-examination to obtain a contradiction of her earlier statement merely for reason that it had..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Victim was 5 years old at the time of incident and withstood lengthy cross-examination but nothing adverse material could be brought on record so as to disbelieve his natural evidence - There was no reason for victim to state falsely against accused - Statement of victim appears to be quite natural - Medical..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that she sustained abraded injuries on her hand and legs - But no such injuries were found in medical nor there is any abrasion on her hand or leg - Even there is no injury on private parts of victim - There is no medical evidence that victim was unconscious - Medical report shows that she was normal - There was..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Accused allured victim to a deserted field, they pushed her to ground and committed gang rape upon her - They even poured liquor in her mouth - Thereafter, accused left her at the spot - Victim somehow dragged herself near unconscious body of her husband and exhausted by trauma fell unconscious - Later on father of..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Can be used for corroboration and for contradiction unlike a statement u/s 161(3) Cr.P.C...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 stated that accused who happens to be his uncle was cutting neck of his father by a knife and when he rushed near spot, they fled away - However, PW1 in his cross-examination denied suggestion that neither he has mentioned in FIR nor stated before I.O that when he went to spot he saw accused was cutting neck of his..........
