Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 304A -- Appeal from Conviction - Death due to Rash and negligent driving - After accident the vehicle of accused was left at spot - Name of complainant was identified at spot and was mentioned in FIR - Accused had not explained as to how vehicle was found at spot after being involved in accident -..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 43, Rule 1(q) -- Attachment before judgment - Dismissal of application - Appeal thereagainst is not maintainable...........
Criminal Procedure Code, 1973, Section 378, Negotiable Instruments Act, 1881, Section 138 -- Dishonor of Cheque - Appeal Against acquittal - Complainant and accused in lieu of some business venture exchanged the blank signed cheques - Complainant has not produced any evidence except the cheque in question to prove he has given any loan to accused - Accused has produced..........
Criminal Procedure Code, 1973, Section 378(4), Negotiable Instruments Act, 1881, Section 138, 139 -- Appeal against acquittal - Dishonour of cheque - Enforcement of debt - Presumption - Accused produced oral as well as documentary evidence that accused entered into business agreement with person A and both of them exchanged their two blank signed cheques - Complainant in..........
Criminal Procedure Code, 1973, Section 378, Arms Act, 1959, Section 25 -- Appeal Against acquittal - Possession of Pistol - Accused found in possession of pistol along with two live cartridges without any permit or license - Accused took plea that pistol belonged to his grandfather and was given to him to keep it in safe place - Statement of police that at the time of..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Appeal from conviction - Medical Evidence - As per the allegation in FIR, the injury was attributed to accused, who had shot gun fire - As per MLR of injured, the injury was opined to have been caused by sharp edged weapon - Injury attributed to accused does not..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Appeal from conviction - Punishment - Co accused have been facing the agony of criminal trial for more than 16 yrs - Complainant known to co accused and there were enmity between the two families - During suspension of sentence, co-accused did not misused concession..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Court of Appeal - Even in absence of any cross-objections or appeal, the first Appellate Court pass an order on the basis of evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Court of Appeal - Ownership of land/Street - Mere assertion of plaintiff that street in question is a public street is not an evidence - In absence of any evidence on record, street in question cannot be called public street - Even on re-appreciation of evidence, there is no substantial question of law - Judgment..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 308, 323, 34 -- Appeal from conviction - Non compoundable offences - Offences of accused proved - Compromise has been effected between the parties though the offences are non compoundable - Held, conviction of accused, proper - Sentence of accused reduced to period already undergone...........
