Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 306, 498A, 304B -- Appeal against acquittal - I, laws and husband of deceased alleged to have harassed her mentally and physically as she could not bear child which led her to commit suicide - Prosecution failed to produce any evidence to prove demand of dowry or that they taunted her for not..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Court of appeal - Exercise of power - Held, power cannot be exercised to prejudice of a person who is not a party before Court - Power cannot be exercised in favour of claim which has been given up or lost - It cannot be exercised when such part of decree which has been permitted to become final by a party is reversed to..........
Land Acquisition Act, 1894, Section 23, 31, Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - Held, once Court has taken the view that claimant is entitled to enhanced compensation, he should not be denied same on mere technical grounds of no, filing of appeal by claimant...........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Limitation - Period of sixty days should be taken as a reasonable period for preferring an appeal under the provisions of S.372 Proviso Cr.P.C. - Limitation of six months starts to run when victim is informed about acquittal and told about his/her right of appeal - All appeals filed thereafter will also be..........
Criminal Procedure Code, 1973, Section 372 - - Acquittal - Appeal by victim - Victim of crime can appeal against acquittal - Period of limitation to file appeal is 60 days from date of knowledge of acquittal by victim - Appeal filed thereafter is governed by principles of S.5 of Limitation Act, 1963...........
Civil Procedure Code, 1908, Section 21, 100 -- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate court directed to decide appeal..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Held, where each one of the parties has an independent and distinct right of his own, not dependent upon one or the other, nor the parties have conflicting interest inter se, appeal would abate only qua deceased respondent...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Adverse findings against respondent - Challenge to - Respondent can challenge findings recorded against him in plaintiff's appeal itself without filing cross-objection...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by Court - Held, Court is required to keep in mind - (i) presumption of innocence of accused; (ii) if two views are possible, view favourable to accused should be taken; (iii) Court is to take into account the fact that trial Judge had advantage of looking at the demeanour of..........
