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Supreme Court & High Courts Judgments
Most of the testimonies are based on estimation, presumption, approximation or possibilities--Acquittal..
Supreme Court
Statement of accused with regard to recovery of weapon is admissible--However, statement that weapon recovered was used by them in offence is not admissible..
Blood stains on said weapons were not matched with that of deceased--Weapons were sent to FSL but no FSL report to connect them with offence--Acquittal ..
Such a chance witness must adequately explain his presence at the place of incident..
Delay in filing application--Arbitration request was made for time barred claim and the request for arbitration itself was made beyond two years after the initial notice--Application dismiss..
Deposit is not a condition precedent, however unconditional stay of execution of decree can be granted in exceptional cases only--Legal Principles governing O.41 R.5 CPC summarized..
No proof that the owner of vehicle had knowledge that driver has fake license and even then he entrusted the vehicle to him--Owner cannot be held liable to pay--Insurance Company liable to p..
Impleadment of Trust is Not Necessary..
Accused persons were carrying sharp edged weapons but they used blunt side only--No material to show that they had the intention to kill them--Conviction converted to S.304 Part 1 IPC..
Direct ownership of the petitioner (vendor of accused) could not be exclusively established--Application under S.451 CrPC/S.497 BNSS dismissed..
Accused had initiated proceedings against the complainant--Present case held to be counterblast to said proceedings--FIR quashed..
Deceased reached the house of the accused at around 10 pm while the death was confirmed as having occurred at 2 pm--What happened in the interregnum is not clear--Accused acquitted..
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