Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were in the knowledge of petitioner and have also been mentioned in the plaint - Therefore, contention of petitioner that documents were not tendered due to inadvertent mistake of his counsel rejected - It is only at the stage of rebuttal evidence and arguments that petitioner had filed..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Factum of causing injury or not causing injury would not be relevant when an accused is roped in with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No overt act is required to be imputed to a particular person when charge is u/s 149 IPC - Presence of accused as part of unlawful assembly is sufficient for conviction...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing charges only prima facie case is to be seen and recording of detailed reason is not necessary...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Charges against accused can be framed even if there is a strong suspicion, which leads Court to believe that there is a ground for presuming that accused has committed the offence...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the time of framing of charges, trial Court is not supposed to consider or weigh evidence with a view to evaluate whether there is sufficient ground for conviction of accused...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence U.O.41.R.27 CPC can be adduced in one of the three situations: (i) that trial Court has illegally refused evidence although it ought to have been permitted; (ii) that evidence sought to be adduced by party was not available to it despite exercise of due diligence;..........
