Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 pointing out place of murder of deceased - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in afternoon and was not seen alive by anyone after such time - Doctor who conducted..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201 -- Kidnapping and Murder - Circumstances establishes that A1 was last seen in company of deceased in afternoon of date of incident - Further, A1 going with deceased to Ghaziabad on day of incident and was first to point out place of murder to police - A1 made false claims as to whereabouts of deceased as well as her..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder- Causing disappearance of evidence - A5 was driving of car in which deceased was last seen with A5 and A1 - Car went up till Spot A, which is place of incident as is evident from existence of mud from spot on tyres of car - False claims made by A5 and fact that body of deceased was recovered from a sub-canal where..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband not taken any steps to recall wife - Wife has a key of house of husband where she could come and take her jewellery - Relationship of husband and wife is not severed completely and wife has given evidence that she has been discharging matrimonial duties - Wife still has an..........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of prosecution evidence - One set implicating accused and the other set exonerating accused - When prosecution comes with two sets of self contradictory or mutually destructive evidence, Court has to reject both or at best can accept one favouring accused - Since prosecution case is grossly inadequate to bring home..........
Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of a hostile witness does not get washed off the record - Said testimony to the extent reliable can be acted upon...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 154 -- Murder - Hostile witness - PW4 who was present on the spot was declared hostile by prosecution - However, testimony of a hostile witness to the extent reliable can be acted upon - Admittedly presence of PW4 at the place of occurrence was admitted and his testimony supported the testimony of PW8 -..........
Suit for Recovery - - Parties are partners in the firm - Plaintiff obtained signatures of defendant on pretext of procuring loan,and he in good faith signed those papers - Plaintiff misused those documents and fabricated the pronote and also receipt - Witness admitted their signatures on pronote and receipt - Plaintiff failed to lead any evidence to prove passing of..........
Civil Procedure Code, 1908, Order 13, Rule 10(3) -- O.13.R.10(3) CPC, enable Court to use in evidence, any document under the law, which would otherwise be inadmissible in suit...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord's requirement should not be seen through the window of suspicion, unless there is strong evidence against such bonafide need or requirement...........