Civil Procedure Code, 1908, Order 18, Rule 3 -- Defendants supporting plaintiff - Cannot be asked to lead evidence first before contesting defendant when no reason is assigned why such defendants should be examined first and no prejudice is shown which is likely to be caused to the contesting defendant - Neither party can insist that other one should be asked to lead its..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of summoning order - Woman accused - Mere fact that petitioners are women does not by itself constitute a valid ground for quashing summoning order, particularly when allegations against them are specific and supported by prima facie evidence...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 227 -- Issuance of process - Summoning of accused - At the stage of summoning, Court is not required to conduct a detailed appreciation of evidence but only to ascertain whether a prima facie case is made out against accused - Sufficiency of evidence to sustain a conviction is a matter to be determined at trial, not at the..........
Evidence Act, 1872, Section 3 -- Witness - Evidence of even a salutatory witness, if trustworthy and corroborated by medical evidence can be relied on...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Modification of sentence - There were no material contradictions or omissions in evidence of witnesses to disbelieve version of prosecution - However, offence occurred in 2006 and nearly 18 years have elapsed - Sentence of S.I. of 3 months modified to period already undergone by petitioner while enhancing..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 506, 114, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - A-1 was not present at the scene of offence when incident occurred - DWs who are colleagues of A-1 supported him and categorically stated that A-1 was with them at his office on the date of incident - Demand of dowry was made by in-laws and not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
