Evidence Act, 1872, Section 114, Railways Act, 1989, Section 124A -- Presumption - Mere presence of body on railway premises does not hold that injured or deceased was bona fide passenger for which claim for compensation could be maintained...........
Evidence Act, 1872, Section 114, Railways Act, 1989, Section 124A -- Presumption - Mere absence of ticket with such injured or deceased not to negative claim that he was bona fide passenger...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 1 kg Nitrazempam powder - Recovered article not weighted on the spot by raiding team rather it was sent to market for its measurement which was against provisions of law - No link evidence produced by prosecution to prove the fact that representative sample was forwarded to forensic lab for..........
Evidence Act, 1872, Section 3, 102 -- Injuries sustained by accused - Burden is on prosecution to prove the same - However, before placing burden on prosecution to explain injuries on person of accused, two condition are to be satisfied: (i) injuries were sustained by accused in same transaction; (ii) injuries sustained by accused are serious in nature...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place near tubewell where both the parties assembled to settle land dispute - Both the parties were unarmed - There was exchange of words between parties, as a result accused went inside the room and brought an axe and caused head injuries to deceased - No evidence on record as to who..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right..........
Evidence Act, 1872, Section 8 -- Motive - Offence u/ss 304(Part II), 323 IPC - When prosecution has proved occurrence by direct evidence of PW6, who is husband of deceased and after close scrutiny, his evidence is relied in spite of relationship with deceased, lack of proof of motive becomes minimal...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/ss 304(Part II) IPC - Assault made by accused on the head of deceased having no intention - But knowledge of accused is there to the effect that injuries would likely cause death - Evidence of doctor coupled with seizure of lathi corroborates the prosecution case - Offence u/s 302 Part II IPC proved against accused..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
