Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Identity of dead body of deceased - Dead body of deceased recovered from nala - Death occurred due to drowning - However, face of deceased was disfigured, but father of deceased identified both tattoo mark as well as clothes of deceased - Dead body of deceased thus, identified by her father...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of dead body of deceased at the instance of accused - Evidence of PW2 except stating that he came to know through his brother that he took deceased to house of accused, there is no incriminating evidence regarding recovery at the instance of accused - Accused was very much present at the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Identification of dead body is in fact not very clear as same was highly decomposed - There is no conclusive evidence that it is accused who committed murder of deceased - No such incriminating evidence adduced by prosecution pointing out guilt of accused in commission of murder of deceased -..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Last seen witnesses PW3 and PW5 admitted that they are cousins of deceased - Prosecution failed to establish presence of both these witnesses at the spot - There are major contradictions in statements of these witnesses - Last seen evidence is not reliable...........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Accused implicated in the case merely on basis of suspicion, as at the time of preparation of inquest report, which is duly signed by family members of deceased as well as Sarpanch, no suspicion was raised against anyone - Wife of deceased involved accused merely on basis of..........
Constitution of India, 1950, Article 235 -- Judicial misconduct - Acquittal of accused in offence under NDPS Act - Challenge as to - Appellant/Special Judge, closed evidence of prosecution resulting into non-examination of material witnesses - As per enquiry officer appellant did not send any communication to the concerned authorities to ensure the production of witnesses..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Plaintiffs were not required to lead any evidence that they had given shop to defendant as licensee - Revocation of license by notice is sufficient to file a suit for mandatory injunction and possession...........
