Transfer of Property Act, 1882, Section 62, 111 -- Evidence Act, 1872, Section 115 - Estoppel - Tenancy followed by mortgage - Suit for redemption - Mortgagee disputing right to recover possession - Mortgage deed acted upon - Parties altered there position knowingfully well there mutual rights and obligations under the agreement - Mortgagee estopped from disputing the..........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Indian Penal Code, 1860, Section 306, 302 -- Dowry death - Charge u/s 302 and conviction u/s 306 IPC - Wife tortured and humiliated for bringing inadequate dowry - Victim found hanging from ring of roof of house of accused and there were injury marks on her body - Circumstances relatable to Section 306 IPC put to accused u/s 313 Cr.P.C. - Incriminating material relating to..........
Evidence Act, 1872, Section 118 -- Child witness - A child is competent to testify if he understands the questions put to him and gives rational answers thereto - It is for the Judge to satisfy himself as regards fulfilment of the requirements of the provision of Section 118 Evidence Act - Where opinion of Judge is recorded it satisfies the test laid down by Supreme Court...........
Will -- Proof of execution - Onus of proof to establish that Will was validly executed by the testator is on the person who is a beneficiary there under. Evidence Act, 1872, Section 68, Indian Succession Act, 1925, Section 63...........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Confession made by accused before an officer of the Department of Revenue Intelligence under the Narcotic Drugs and Psychotropic Substances Act - Such a confession is not hit by Section 25 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Contraband - Appellant not found in possession of any narcotic - Only allegation that he handed over some narcotics to accused No.1 - Only evidence against him is the retracted statement of accused No.1 and his own retracted confession - One tainted evidence cannot corroborate another tainted evidence -..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 7-8 years girl - Death sentence - Dead body of victim spotted in field of appellant - Cause of death was excessive bleeding from private parts of victim - Deceased was last seen with appellant at about 5.45 p.m. going towards field of appellant holding finger of appellant - Evidence of last seen can form basis..........
Indian Penal Code, 1860, Section 451, 377 -- Unnatural offence - 10 years old girl - Carnal intercourse against order of nature - Evidence of a victim of sex offence is entitled to great weight, absence of corroboration notwithstanding - Corroboration is not the sine quo non for conviction in a rape case - Rule regarding non requirement of corroboration is equally..........
