Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of no, joinder of parties - Plea not raised in the trial Court or in the lower appellate Court at any stage - Held, it is not open to appellants to raise this contention without pleading and without evidence in support of this plea for the first time in second appeal...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - In order to succeed, all that accused needs to do is to create a shadow of doubt in the mind of Court as regards the correctness of the trial Court's decision...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal against acquittal - Complainant granted leave to appeal before Session Court - Recalling of order - As per accused order was passed in absence of counsel of accused, hence it amounts to violation of principles of natural justice - Inadvertent mistake is..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - If appellant does not appear, Court may, if thinks fit, dismiss the appeal for default but it has no power to dismiss the appeal on merits...........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Past conduct of appellant after registration of present crime was pointed out in detail as well as his criminal antecedents with proof - Bail applications of three main accused had been rejected by another Sessions Judge - There was a wrongful loss of about Rs.169 crores to MC which was also brought to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Attempts made by appellant to pressurize witnesses and investigating officer - Held, bail granted by trial Court rightly cancelled by High Court - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - Validity - Case raises large number of disputed questions of fact - Held, there was no occasion for High Court to allow petition u/s.482 Cr.P.C. and quash criminal proceedings - Impugned judgment and order set aside - Appeal allowed...........
Civil Procedure Code, 1908, Section 100 -- Permanent Injunction - Possession - Trial Court was concerned about parties in possession in a suit for injunction - Reference to proprietors in some of earlier year could not defeat claim of person in possession - Held, trial Court rightly held that plaintiff was entitled to injunction which was confirmed in appeal - No..........
