Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - There is nothing improbable in the examination-in-chief (PW1) more particularly considering a very scant & deficient cross-examination - There is nothing palpable or glaring in the evidence of the eyewitnesses - However, the evidence of the discovery of a pistol at the instance of the appellant cannot prove that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Sketchy pleadings supported by doubtful evidence - Consumer Forum not to allow the complaint...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Succession Act, 1925, Section 217 -- Probate - Will - Probate Court while scrutinizing propriety of Will ventured in exceeding its jurisdiction u/s 217 of the Act to decide the propriety of registered adoption deed by making observations and that too being perverse in nature because it was not based upon any scrutinization of evidence - Said findings of Probate Court..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court is not required to screen evidence or to apply standard whether prosecution will be able to prove the case against accused at the trial - Court has to see only prima facie case against accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) -- Partition - Decree for partition passed by civil Court when three brothers were alive - Share of one brother `S' who died issueless - Question as to said `S' died before or after other brother `R' was not decided by Civil Court in partition suit and it was raised only before consolidation authorities -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
