Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Evidence established that accused formed an unlawful assembly common object of which was to kill deceased - Acquittal of accused who actually fired shot at deceased, would not wipe out application of S.149 IPC...........
Evidence Act, 1872, Section 3 -- Eye Witness - Expert Witness - Doctor - - When evidence of eye witness is truthful and credible opinionative evidence of doctor cannot wipe out the effect of eye witness evidence...........
Public Interest Litigation -- There must be real and genuine public interest involved in the litigation and not merely an adventure of knight errant or poke ones into for a probe - It cannot be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity - A person acting bona fide and having sufficient..........
Evidence Act, 1872, Section 3 -- Interested witness - Relationship is not a factor to wipe out the credibility of any witness - It is for Court to test their version on touchstone of acceptability and credibility - Hence, after careful analysis if evidence is found credible, it can be relied and acted upon to form the basis of conviction...........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Mental cruelty - Mental cruelty is far more damaging than physical cruelty - Mental cruelty continues to hurt the person all along and any amount of heeling touch or heeling words would not wipe out the scars which continue to prick and cause continuous hurt...........
Negotiable Instruments Act, 1881, Section 138 -- Payment of cheque amount after institution of complaint - Does not wipe off the offence...........
Provincial Insolvency Act, 1920, Section 37(1) -- Annulment order - Words 'All acts therefore done by the Court' appearing in Section 37(1) - Scope - Mortgage of suit property by debtor to creditor by sale deed - Debtor declared insolvent by Insolvency Court - Order of Insolvency Court declaring sale deed null and void pending insolvency proceedings - Order confirmed by..........
Insolvency proceedings -- The effect of annulling the adjudication in insolvency proceedings, is to wipe out the effect of insolvency and to vest the property retrospectively in the insolvent - Consequence of annulling an order of adjudication is to wipe out altogether the insolvency and its effect - The property will revest in the insolvent retrospectively from the date..........
Criminal Procedure Code, 1973, Section 127 -- Order or decree of civil Court - Does not automatically put an end to the jurisdiction of a criminal Court or wipe out an order when made under S.125 of the Code - A judicial discretion has been conferred upon the Magistrate to take into consideration all the attending circumstances including the order of the civil Court to..........
Negotiable Instruments Act, 1881, Section 4, Transfer of Property Act, 1882, Section 58 -- Loan advanced on execution of promissory note and mortgage deed - Trial Court disallowing part of the claim on the ground that the said amount was not shown in the statement of account - Held, clerical lapse cannot wipe out contractual liability flowing from promissory note and..........
