Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Outraging the modesty of woman - Prosecutrix was only 14 years and 8 months old on the date of incident - Accused pulled the clothes of prosecutrix and put his hand on her shoulder - Conduct of accused clearly signifies his sexual instinct - Mere existence of a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of FIR is not sufficient to prove allegations of cruelty and dowry harassment without being proved by cogent evidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of misuse of lost cheque - Defence taken by accused was substantiated by his application to bank for lost cheque book and deposition of SMO of bank - Complainant in his complaint pleaded that he borrowed sum of Rs.3 lakhs but in cross-examination he stated that cheque was given in lieu of an..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Evidence in the form of receipt about amounts spent by mortgagee produced on record - However, no evidence produced by mortgagee to prove the said receipt - Amount spent on development of suit property is stated to be Rs.75,000 - For want of specific evidence, both..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 100 gms intoxicant powder - Manner in which bulk and representative samples were handled, possibility of tampering with both the sealed parcels cannot be ruled out - Prosecution has not made any effort to produce Register 19 during course of trial to rule out any possibility of tampering and to..........
