Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Two dying declarations - Dowry death - Allegations against husband - Accused is in jail for more than 17 years - No allegations made by wife against husband in her first dying declaration - However, allegations are levelled against husband and his parents..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34 -- Murder - Circumstantial evidence - Last seen theory - There is gap of five days from the date on which deceased was taken away by accused and dead body was recovered - However, prosecution failed to prove that dead body was recovered at the instance of A-3 - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of spade at the instance of A-1 - Recovery effected from a place which was already known and not exclusively within knowledge of A-1 - Recovery is not reliable - Accused acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen together - There is considerable time gap between last seen alive of deceased with accused and time when dead body of deceased was recovered which is about after 10 days - It cannot be held that accused are perpetrator/author of offence in absence of corroboration - Last seen..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Can be those where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, Court may decide such issues with sole objective of expeditious decision...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
