Advocates Act, 1961, Section 30 -- Right of advocate to practice - No lawyer would have any right u/s 30 of the Act, to appear before i, house committee, as said committees are not persons legally authorized to take evidence by statue or subordinate legislation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor gone to house of his i, laws and quarrel with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Eviction petition -- Non-payment of rent - As per petitioner, rent could not be paid on date that eviction was ordered because he was unwell, with no medical evidence to support that and further, demand draft for outstanding arrears of rent being of a date one month and nine days after eviction was actually ordered - Fact that lawyers were abstaining from work on that..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Offence u/ss 420, 467, 468, 471, 120-B IPC and S.13(2), 13(1)(d) PC Act - No evidence on record to prove that for the work done separate payment was made - Even, videography was got done but said videography was not proved on record, which causes..........
Evidence Act, 1872, Section 8 -- Motive - It is a relevant aspect, but is a double edged weapon - Proof of motive merely adds to value of evidence of eye witnesses...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Indian Penal Code, 1860, Section 306, 411 -- Abetment of suicide - Prosecution examined three PWs which is in the nature of hearsay - PWs stated that accused being father, grandfather and step mother of deceased were not treating her well which led her to commit suicide - However, evidence on record shows that deceased pursing her study and her engagement ceremony was also..........
