Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Merely marking a document exhibit does not mean it has become an admissible piece of evidence - An objection to its admissibility does not get excluded when document is marked as exhibit...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge must be for offence that is made out by evidence recorded during trial...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his evidence in affirmative without reserving his right to lead evidence in rebuttal - Onus of some of issues is on defendant - Plaintiff is not entitled to lead evidence in rebuttal...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Nature of circumstantial evidence available against appellant though raises doubt that he may have committed murder but same is not so conclusive that he can be convicted on the evidence of `last seen together' - Appellant acquitted...........
Criminal trial -- Circumstantial evidence - In a case based on circumstantial evidence, prosecution is obliged to prove each circumstance, taken cumulatively to form a chain so complete that there is no escape from the conclusion that within all human probabilities, crime was committed by accused and none else - Further, facts so proved should unerringly point towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a pensioner and there was no evidence of any independent source of income - High Court has rightly held that amount being received by widow as family pension had to be deducted - Reduction of deceased's income from Rs.22,712 per month to Rs.6,500 per month upon scrutiny..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
