Agreement to Sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove availability of sufficient funds - If plaintiff does not have sufficient funds with him then plaintiff has to specifically plead how the funds would be available to him - To cite an example, plaintiff may aver and prove, by adducing evidence, an arrangement with a..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff deposited balance sale consideration in Court after seven years after the date by which the sale had to be concluded - No evidence led by plaintiff how he was in a position to pay or make arrangements for payment of balance sale consideration within time - Careful study of balance sheet of..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Evidence Act, 1872, Section 8 -- Motive - Motive may pale into insignificance in a case involving eye witnesses, however, it may not be so when an accused is implicated based upon circumstantial evidence...........
Evidence Act, 1872, Section 3 -- Preparing of Mahazar, sketch and inquest report - Not signed by independent witness despite presence of scores of persons - Evidence of prosecution that independent witnesses did not volunteer to do so - Cannot be accepted - When large number of persons were available it is incomprehensible as to how all of them refused to sign the..........
Evidence Act, 1872, Section 3 -- Disclosure statement - Discrepancy in evidence of reaching the place of recovery - One witness stated that police team used a jeep and motor bike and other witness stated that it was either motorbike or by foot and one other witness stated that it was Gypsy - There are also contradictions with respect to the place of arrest followed by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence as deposed by prosecution witnesses itself would demonstrate that version of prosecution may not be correct - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
