Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers of appellate Court - Judgment of acquittal can be reversed when there are substantial and compelling reasons when conclusions of trial Court are palpably wrong or decision is based on erroneous view of law or when judgment is likely to result in 'grave miscarriage of justice' or approach of..........
Malicious prosecution -- Necessary elements are : (a) Criminal proceedings must have been instituted or continued by the defendant; (b) the proceeding must have been unsuccessful, that is to say, must have been terminated in favour of plaintiff; (c) the defendant must have aced without reasonable and probable cause; and (d) the defendant must have acted maliciously...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Post Offices Act, 1898, Section 6 -- Postal service - Immunity from liability - Held that protection, if any, under Section 6 of the 1898 Act and for that matter under all other laws would be attracted to reasonable, fair, bona fide and genuine acts of the Postal department and its subordinate staff - But it cannot be allowed to be invoked in cases of gross high -..........
Civil Procedure Code, 1908, Section 34 -- Interest - Money suit - Court may in the decree order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit, till the date of the decree in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
Criminal Procedure Code, 1973, Section 344 -- Salient features of the provision of S.344 Cr.P.C. are : (1) Power u/s 344 Cr.P.C. can be exercised by Court of Sessions or Magistrate of the First Class; (2) Court can exercise power only at the time of delivery of the judgment or final order; (3) offender should be given a reasonable opportunity of show cause; (4) maximum..........
Indian Penal Code, 1860, Section 97, 100, 101 -- Private defence - Voluntary causing death - To claim a right of private defence extending to voluntary causing of death, the accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him - The burden is on the accused to show that..........
Indian Penal Code, 1860, Section 102, 105 -- Right of private defence - Commencement and continuation - This right lasts so long as reasonable apprehension of the danger to the body continues - As soon as cause for reasonable apprehension disappears and threat has been destroyed, there can be no occasion to exercise right of private defence...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
