Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Case of direct evidence that eye witnesses saw the occurrence - Hence, this is not the fact which was in special knowledge of accused - S.106 of Evidence Act has no applicability in the case...........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses turned hostile - Other witnesses are formal witnesses and their evidence is not incriminating against accused - Motive of crime not proved - Recovery of weapon of offence is also very doubtful and makes prosecution case highly suspicious - Other co-accused persons with similar role on basis of same evidence..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death of deceased caused by accused was not premeditated - However, intention has to be inferred as injuries were sufficient in the ordinary course of nature to have caused death - Offence committed by accused thus, falls u/s 304(Part I) IPC...........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
Indian Penal Code, 1860, Section 376, 382 -- Rape - Quashing of proceedings - Prosecutrix and her husband do not wish to continue with proceedings in order to remove matrimonial hardship between prosecutrix and her husband - There is no likelihood of conviction of accused in trial as prosecutrix turned hostile - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Indian Penal Code, 1860, Section 306, 420, 120B -- Abetment of suicide - Suicide note neither paginated, nor same bears any signatures - It casts a serious doubt upon prosecution case that said letter was written by deceased himself, immediately before committing suicide...........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Interim compensation - No opportunity was granted to accused to file his response before passing of interim compensation of 20% of cheque amount, despite the fact that he had not pleaded guilty of notice of accusation served upon him u/s 138 of N.I. Act - There is no application of mind by trial..........
Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
