Civil Procedure Code, 1908, Section 100 -- Second appeal - Unless conclusions drawn by lower Court are erroneous being: (i) contrary to mandatory provisions of applicable law ; or (ii) contrary to law as pronounced by Apex Court; or (iii) based upon inadmissible evidence or no evidence, High Court cannot substitute its own opinion for that of first Appellate Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband failed to examine his parents or any other witness to substantiate his contention that it is wife who is at fault and that she abused him in filthy language and was in dominating nature - In the absence of any evidence from husband's side, it cannot be said that he underwent cruelty in the hands of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Sole testimony of PW2 - Cross-examination of PW2 would reveal that he has fully improved his case in his examination-in-chief - PW2 has narrated what does not find place in his statement u/s 161 Cr.P.C - Evidence of PW2 is totally contradictory and therefore totally unworthy - Apart from testimony..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Bharatiya Sakshya Adhiniyam, 2023, Section 60 -- Secondary evidence - Cannot be allowed to be led in the absence of any basis in pleadings...........
Agreement to sell -- Validity - Self serving evidence of plaintiff cannot be wholly relied upon as evidencing execution of suit agreement...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the existence of a valid suit agreement - Defendant stated that he borrowed a sum of Rs.50,000 and claims to have returned it - Onus to discharge the claim of returning debt borrowed from plaintiff rests on defendant - Indebtedness of defendant to plaintiff can be accepted in the admission of defendant..........
