Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Common intention - Presence of accused at the time of occurrence with sharp edged weapon not disputed - Both A-1 and A-3 shared common intention with A-2 by causing bodily injuries to deceased which were sufficient in ordinary course of nature to cause death of deceased persons - S.34 IPC therefore clearly..........
Service -- Appointment - Post of Assistant Grade II (Hindi) - Appointment denied to petitioner, as she failed to produce any experience certificate with application and/or even at the time of verification of documents - However, no such requirement provided in advertisement - Non-production of experience certificate along with application cannot be said to be fatal to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Issue with regard to maintainability of suit in absence of consequential relief of possession - Question of possession is in dispute - However, said issue cannot be raised first time before Appellate Court, but it should be raised at earliest because if so required, plaintiffs can amend plaint -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
Evidence Act, 1872, Section 45 -- Verification of revenue stamps affixed on pronote and receipt - Plea that revenue stamps were not in existence at the time when pronote is alleged to have been got thumb marked - Order declining application set aside - Controller, Government Press Nasik to send the report on verification to trial Court within a period of two months...........
Registration Act, 1908, Section 17, 49 -- Registration - Document styled as partition deed - Partition of property in between one `R' and defendants No.1 & 2 - Defendant Nos.1 & 2 having no title in the property - It amounts to creating title in favour of such persons - Value of property at the time of executing of such document was more than Rs.100/- - Held, irrespective..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12 of the Act and ability..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself - As plaintiff did not lead any evidence in affirmative much less any Handwriting and Fingerprint Expert to prove the Will to be forged, nor any right was reserved to lead..........
