Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction u/s 326 IPC can only be passed, if one of injuries in S.320 IPC is strictly proved - Eight clause of S.320 IPC is no exception to general rule that penal statue must be construed strictly - If hurt caused fall outside any of categories mentioned u/s 320 IPC, it can only be simple hurt defined u/s 319 IPC..........
Indian Penal Code, 1860, Section 323, 326 -- Hurt - Grievous hurt - Accused charged u/s 326 IPC can be convicted u/s 323 IPC, even if there is no specific charge for latter, provided evidence supports lesser offence...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Criminal Procedure Code, 1973, Section 386(b)(iii) -- Appeal against conviction - While entertaining an appeal from a conviction as per S.386(b)(iii) Cr.P.C., appellate Court though entitled to alter the finding and nature and extent of sentence, cannot enhance the sentence...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship concern is not a juristic person - It cannot sue, but it can be sued in view of O.30.R.10 CPC...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - O.30.R.10 CPC does not in any manner debar a suit being filed against proprietor...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Suit against proprietorship firm or its proprietor representing the firm, is one and the same thing...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship is to be defended by proprietor only and not by anybody else - Once proprietor has been impleaded as a party representing proprietorship, no prejudice is caused to, rather its interest is well protected and taken care of by only and only person, who owns proprietorship - O.30.R.10 CPC..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law and can be conclusively determined only after a full-fledged trial of suit - Objection that suit is barred by limitation is untenable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
