Evidence Act, 1872, Section 92 -- Oral evidence - Bar imposed by S.92 of the Act would not apply if a party does not rely upon terms of a document, but says that something different from ostensible terms was intended by parties...........
Evidence Act, 1872, Section 92 -- Oral evidence - Parole evidence of parties different from written terms of contract is against the rule of exclusion of oral by documentary evidence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Uncontroverted allegations made in the FIR and charge and evidence collected in support of the same do not disclose the commission of any offence against accused - Proceedings rightly quashed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - S.36 of the Act debars Court from calling in question any instrument which has been admitted in evidence on account of deficiency in stamp duty...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
Evidence Act, 1872, Section 106 -- Burden of proof - Prosecution cannot take recourse of S.106 of the Act without laying any foundational facts...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide u/s 35 of the Act would not apply in the case u/s 25 of the Act, if there is not even iota of evidence regarding knowingly permitting the usage of the things mentioned in S.35 of the Act for commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
