Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Evidence Act, 1872, Section 27 -- Discovery of fact - It is not discovery of every fact that is admissible but discovery of relevant facts is alone admissible...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of shirt of accused - Murder and robbery - Mere recovery of shirt of accused at his instance allegedly matched with small broken button found at the scene of crime, would not prove the guilt of accused, particularly when nothing in record to show that shirt is unique and cannot be..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of motorcycle - Murder and robbery - No evidence on record that motorcycle recovered at the instance of accused belongs to him - Even no attempt made by I.O to enquire about owner of vehicle - PW2, was the witness of seizure of motorcycle - According to him motorcycle was red in color..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of silver articles - Murder and robbery - Silver articles recovered at the instance of accused is alleged to have been that of deceased - However, no witness identifies silver articles as belonging to any of deceased - In absence of any identification of seized anklet, no reliance can..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder of six persons out of seven family members - Recovery of cash and ornaments from house of accused - Recovery effected at the instance of accused which was identified by PW5 - Merely because earlier there might have been search at the house of accused and nothing was found at that time, cannot be..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Killing of deceased was with aim of restraining construction of boundary wall - Evidence as well as eye witness account proved beyond reasonable doubt that injury caused by accused which proved fatal to deceased - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27 -- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of two knives - Recovery effected from A-1 - I.O deposed that after seizure of knives, same was not sealed and he merely put them in box and sent the same to Magistrate - Such procedure adopted by prosecution is highly improper and illegal, as box..........
