Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 300 -- Murder - Extra-judicial confession - Reliability of - Principles to be borne in mind - Held, it is an imperative duty of Court to satisfy judicial conscience prior to placing any reliance upon extra-judicial confession made by accused - Governing principles relating to evidentiary value of..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - If voluntary and true and made in a fit state of mind, can be relied upon - After subjecting the evidence of the witnesses to a rigorous test on the touch stone of credibility, the extra judicial confession can be accepted and can be the basis of conviction, if it passes the test of credibility...........
Criminal Procedure Code, 1973, Section 306 -- Tender of pardon to approver - Petitioner included as accomplice in challan presented u/s 173 Cr.P.C. - Petitioner requested to grant pardon as he voluntarily agreed to turn approver - Request of petitioner supported by C.B.I - Held, request made by petitioner needs conscious consideration - Petitioner entitled to pardon with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Cheque amount is only Rs.65,000/- - Contention that sentence awarded by both Courts below, i.e. two years' SI is very high and harsh - Held, it is true that when once accused was found guilty of offence u/s.138 of N.I. Act, awarding of sentence of imprisonment is..........
Clean hands -- Prosecution suppressed the genesis of the case and had not come to Court with the true story - Conviction, held, not sustainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouses in the proceedings for maintenance do not truthfully disclose their true income and therefore some guess work on the part of Court is permissible - Court can take into consideration amongst others the following factors: (i) Life style of the spouse; (ii) The amount spent at the time of marriage and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Factors to be considered - Held, for the purpose of disposal of an application for rejection of plaint U.O.7.R.11 (d) of the Code, Court must treat all the averments made in plaint to be true - If it appears that even though the statements so made are treated to be true, the suit..........
Adverse possession -- Permissive possession at the inception does not become adverse merely by passing of long time in the absence of requisite animus - To prove adverse possession, defendants have to prove that their possession was unauthorized from the very beginning and they must plead disclaimer of title from a particular date, their hostile assertion and acquiescence..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
