Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Criminal trial -- Acquittal on merits vis-a-vis benefit of doubt - An honourable acquittal is one where Court, upon full-fledged appreciation of evidence, reaches a definitive conclusion that accused had not committed the offence - This stands in contrast to an acquittal arising from lacunae in the prosecution case or non-availability of credible evidence where the benefit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Recovery of weapons of assault is not sine qua non for convicting an accused as entire evidence on record is required to be taken into consideration...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Absence of recovery of weapons of assault would not weaken the case of prosecution in the presence of other evidence on record that is found reliable...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Questions sought to be raised in second appeal essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact - Such questions do not give rise to any substantial question of law within the meaning of S.100 CPC...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
