Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping - Accused allegedly kidnapped victim and also committed act of aggravated penetrative sexual assault upon her - However, statements of prosecutrix, her father, brother and village Sarpanch shows that..........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report filed by commissioner is always subject to evidence of parties and is admissible in evidence - Commissioners are competent witness and they may be called for evidence during the trial, if desired by any party to suit and other party will always have an opportunity to cross examine them...........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
