Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame - Nor it called for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 5 -- Conviction - Validity - Appellant was not apprehended from spot - He fled away from place of recovery after leaving behind his cycle - Cycles produced in Court did not bear chit number stating that a particular cycle belongs to appellant - No identification parade was held to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Conviction - Validity - Accused persons alleged to have killed deceased by strangulating him with help of lathi - Incident occurred in a dark night - Theory of holding torch by witness appears to be inserted in his Court evidence as same did not find place in case..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........
Indian Penal Code, 1860, Section 323, 325, 307, 34 -- Attempt to murder - Acquittal - Validity - Incident alleged to have took place on 11.11.2011 - FIR registered on 03.01.2012 - Statement of injured recorded after his discharge from hospital - No identification parade conducted after arrest of accused - Prosecution version that injury was caused with gandasi - However,..........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty & dowry death - Conviction - Validity - Dead body of deceased found in burnt condition in toilet - As per medical evidence cause of death was cardio respiratory failure as a result of burn injuries - Smell of kerosene was present on dead body of deceased - Appellant failed to throw any..........
Civil Procedure Code, 1908, Section 151 -- Withdraw of suit - Recalling of order - Validity - While making statement before trial Court, plaintiff had not set out conditions of compromise and simply stated that the matter stood settled and, therefore, it wanted to withdraw suit - Stand of plaintiff about compromise was not opposed by counsel for defendants, who was very..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping & rape - Conviction - Validity - Statement of prosecutrix read with her statement recorded by Chief Judicial Magistrate u/s.164 Cr.P.C. which is proved by girl herself, further read with medical evidence on record makes it clear that it is not a case of rape rather a case of consensual sex between accused and..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - Validity - Appellant alleged to have committed rape on prosecutrix when she went to bring some salt for purpose of cooking from his house - She raised alarm but nobody could hear and appellant also asked her not to shout and promised to marry her - No evidence on record to dislodge medical evidence regarding..........
