Criminal Procedure Code, 1973, Section 311 -- Witness - Summoning of - It is duty of Court to examine a material witness who is not otherwise brought before it - There is no limitation for exercising the power u/s 311 Cr.P.C. either with regard to the stage at which the power should be exercised or with regard to the manner in which it should be exercised - It is not only..........
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..........
Criminal Procedure Code, 1973, Section 378(4) -- Application for leave to file appeal - Procedure for - Held, there is no specific mandate either in S.378 Cr.P.C. or in the Kerala Criminal Rules of Practice which can oblige the seekers of leave u/s 378(4) Cr.P.C. to file along with such application for leave proposed appeal which they want to prefer against judgment of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by trial Court but acquittal by High Court - Appeal against - Held, that appellate Court has full power to review, appreciate and reconsider the evidence upon which order of acquittal is founded - There is no limitation on exercise of such power and an appellate Court on the evidence before..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
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..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed beyond period of limitation - Plaint rejected...........
