Saturday, 9 February 2019

Evidence Law--Confession--Extra Judicial Confession--Conviction made on basis of extra judicial confession--Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence--Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused

Acquittal--A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt--When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused--Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.

Lok Adalat--No party can be punished for failure to reach a settlement before Lok Adalat. Adjournment--When a counsel who is ready in the pre-lunch session, seeks accommodation in the post lunch session on ground of a sudden illness or physical ailment, Court cannot refuse a short accommodation.

Jurisdiction--Territorial jurisdiction of a court with regard to criminal offence would be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed.

Stamp Duty--Agreement to sell property reduced in writing--No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty--An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.

Accident--The owner of a vehicle cannot contend that he has no liability to verify the fact as to whether the driver of the vehicle possessed a valid licence or not.

Sanction for Prosecution--Allegation of Extortion on I.O.--Sanction not required.

Accident--Appellate Court should record reasons for enhancing or reducing notional income of injured/deceased.