Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Excessive number of injuries does not ipso facto lead to an inference about involvement of more than one person rather nature of injuries and similarity of their size/dimension would only lead to inference that deceased was mercilessly and repeatedly stabbed by same weapon and by same person...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Love affair between accused and deceased - Accused caused multiple injuries to deceased when he saw her talking to another boy - Evidence of eye witness to incident remains unimpeachable and believed by two Courts - Even, evidence of eye-witness cannot be discarded merely because he allegedly..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Appeal against conviction - Dismissal of appeal - Accused after having served sentence of imprisonment for a period of 15 years 9 months and 27 days, was released u/s 432 Cr.P.C by Government - Dismissal of appeal shall not have any adverse effect on such exercise of power of remission by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
Arms Act, 1959, Section 27 -- Gunshot injury - Use of 12 bore gun which was seized from accused is not proved along with live and empty cartridges - Since the use of gun itself is not established by FSL report, therefore conviction of accused u/s 27 of the Act not justified - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
