Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs stated that accused and deceased were last seen together - However, PWs only stated that they were informed by deceased that he was going to visit accused - There is no evidence on record to show that deceased and accused was last seen together - S.106 of Evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Evidence Act, 1872, Section 45, 73 -- Application for sending document to FSL - Plea in written statement that alleged document is concocted - Merely for this reason a document cannot be sent for examination by Forensic Science Laboratory (FSL) - It is always open for defendant to produce report of hand writing expert and lead evidence regarding allegations made in written..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental and physical - It is quite insensible and impractical for Courts to insist on adduction of independent oral evidence as in most of matrimonial cases, such cruelties usually takes place only within the four walls of one's own house - Courts have to proceed with inquiry into the truth of allegations..........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by brother of deceased - Objected by alleged husband of deceased - Deceased working as headmaster in Government Primary School, died in harness - She during her lifetime had declared her brother as her nominee, which fact is corroborated by Junior Auditor of concerned department - Claim of alleged..........
