Indian Penal Code, 1860, Section 306, 34 -- Suicide within two years of marriage in the year 1983 - Suicide note left behind by deceased - Evidence of parents of deceased that she was harassed for not bringing adequate dowry and thus they instigated and abetted commission of suicide - Acquittal by trial Court - Incident was of the year 1983 when S.498-A IPC and S.113-A..........
Indian Penal Code, 1860, Section 302, 498A -- Cruelty and murder - Appeal against conviction - In two dying declarations deceased/wife consistently stated that appellant inflicted blows on her head as she refused to withdraw maintenance proceedings against him - As per evidence deceased was totally unarmed and there was no provocation from her side - As per post mortem..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court if comes to a conclusion that acquittal is totally unsustainable and appreciation of evidence of trial Court is perverse then High Court is justified in reappreciating evidence and also to come to a different finding...........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Appreciation of evidence - All witnesses are Telugu speaking persons - I.O. had no knowledge to said language - I.O. had taken help of a constable to interpret statements of witnesses - Unfortunately said constable was not examined - Weapons of offence have not been seized by Police - Injury sustained by..........
Motor Vehicles Act, 1988, Section 149, 173, Civil Procedure Code, 1908, Section 11 -- Motor accident - Claim petitions - Res judicata - Two claim petitions filed pertaining to one accident - Both claim petitions were consolidated and issue pertaining to challenge of breach of policy was decided by common judgment - Judgment of tribunal on aforesaid issue has dealt in..........
Stamp Act, 1899, Section 36 -- Once a document is admitted in evidence, it is not permissible to the Court whether it is a Court of Appeal or Trial Court, to reject it on the ground that it has not been duly stamped...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Concurrent findings of Courts below on pure questions of fact - Supreme Court ordinarily not to interfere unless there are exceptional circumstances - Question of reappreciation of evidence by third Court does not arise unless found to be totally perverse...........
Lost record -- Reconstruction - Judgment of trial Court not available and also no copy thereof available - However, judgment of Appellate Court very much available and also evidence which was led by parties available on record - Judgment of trial Court merges into the order of Appellate Court - Appeal when challenged can be decided on the basis of judgment of Appellate..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Permission sought to place on record certain documents - Held, without making out a case for additional evidence there is no provision under law by which the documents can be placed on record in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Whether judgment and decree passed by learned lower appellate Court without deciding an application moved U.O.41.R.27 of CPC is sustainable in law? - Held, No - Judgment and decree passed by learned lower appellate court cannot be sustained - Adjudication of application moved U.O.41.R.27 CPC is..........
