Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - Appreciation of evidence - Delay of 14 days in recording of statement of PW5 (injured) - Delay remained unanswered and unexplained - Even, evidence of PW12 is further belied by this fact that though PW12 had removed both injured persons to the cots and then..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of plaintiff...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charge, defence evidence of accused shall not be considered - Accused has right to produce evidence at the stage of defence after recording statement u/s 313 Cr.P.C...........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Civil Procedure Code, 1908, Order 13A, Rule 3 -- Summary judgment - Commercial dispute - O.13-A.R.3 CPC empowers Court to grant a summary judgment against defendant where Court considers that defendant has no real prospect of successfully defending claim and there is no other compelling reason why claim should not be disposed of before recording of oral evidence...........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 32 -- Murder of wife and daughter - Dying declarations - Dying declaration of wife of accused giving reasons for dispute resulting in offensive language used by accused before setting them ablaze - However, dying declaration of minor daughter of accused was precise and brief just narrating the incident..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
