Stamp Act, 1899, Section 47(c)(1), (5) -- Stamp duty - Refund - Where stamp duty is paid bonafidely by appellant for registration but fraud was played on her by vendor - Conveyance deed was not lodged for registration and applied online for refund of stamp duty - Evidence is not required to be filed along with application either online application or separately on the same..........
Stamp Act, 1899, Section 47(c)(1), (5) -- Stamp duty - Refund - Where stamp duty is paid bonafidely by appellant for registration but fraud was played on her by vendor - Conveyance deed was not lodged for registration and applied online for refund of stamp duty - Evidence is not required to be filed along with application either online application or separately on the same..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Once case is pending for plaintiff's evidence, marking documents in evidence can be denied only when Court comes to a conclusion that such document is either not relevant or not admissible in evidence...........
Indian Penal Code, 1860, Section 342, 354, 506 -- Offence u/ss 342, 354, 506 IPC - Major contradictions and discrepancies in the evidence of victim and informant in respect of commission of offence and manner of occurrence - During cross-examination, defence is able to discredit the trustworthiness of their evidence and there are major contradictions in respect of..........
Insurance claim -- Surveyor's report is a credible evidence and Court may rely on it until a more reliable evidence is brought on record...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction cannot be based solely on the statements made by an accused u/s 313(1) Cr.P.C - Statements of accused cannot be considered in isolation but in conjunction with the evidence adduced by prosecution...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........