Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Agreement to sell -- Is not required to be in writing, even it can be oral...........
Partition suit -- Plea of oral family partition taken by defendant - Defendants who asserted said plea failed to establish the same, cannot take a plea that plaintiffs should have approached civil Court for establishing an oral partition when they themselves asserting said plea - Onus was on defendants to establish the same - Contention of defendants that party denying..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - For purpose of identification of weapon and motor cycle used by accused for commission of offence - Oral request was made before Court below by National Investigating Agency, as same was not readily available leads to inference that prosecution has not waived its right to show material objects to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral prayer - Charge sheet not filed within stipulated period - Oral prayer for default bail - Petitioner granted default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - From FIR and statements of witnesses an offence u/s 304(Part II) IPC having been made out, investigating agency was required to file charge sheet within 60 days - Charged sheet not filed within 60 days - Petitioner having exercised his right to default bail by an oral prayer, he is entitled to default bail...........
Mohammedan law -- Oral gift - It is permissible in Mohammedan law - However, in the absence of any proof of delivery of possession of property, oral gift not established...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and plaintiff is staying therein to..........
Indian Penal Code, 1860, Section 436, 34 -- Mischief by fire - Five persons including accused were mentioned in complaint but charge sheet was filed only against accused Nos.1 to 4 - Material contradictions in oral evidence adduced on behalf of prosecution - Except interested testimony of PWs 1 to 3, no other independent person is examined as a direct witness to incident -..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Murder case - Deceased was not in a position to speak as per Doctor - Oral dying declaration was not mentioned in inquest report - More so, if oral dying declaration was actually made, FIR would be lodged promptly - Oral dying declaration made in presence of PWs is doubtful...........
