Civil Procedure Code, 1908, Section 24 -- Transfer of case - Applicant filing an application seeking transfer has to pin point the circumstances under which he gathers impression that justice will not be done - He is not required to demonstrate that justice will inevitably fail...........
Indian Penal Code, 1860, Section 302 -- Murder - Number of injuries is not determining factor for ascertaining intention...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred over a very trivial issue of filling of water from hand pump and getting hand pump muddy - There was no premeditation and act was done in a heat of passion - None of PWs in their deposition have stated that appellant after injured had fallen down had inflicted any further injury when..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused is important for constituting offence u/s 306 IPC and not what is felt by deceased...........
Indian Penal Code, 1860, Section 306, 204 -- Abetment of suicide - Words "go away and die" made by accused in midst of wordy quarrel between accused and deceased in heat of passion without having any intention to instigate deceased to commit suicide, do not constitute offence u/s 306 IPC - Offence u/s 204 IPC also not attracted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment allowed subject to cost - Cost accepted - Party cannot thereafter approach Court on another day and state that he is not inclined to receive the costs and seek permission to file an appeal against the order...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence subject to deposit of fine amount of Rs.1 lakh which accused failed to comply due to his poverty - Condition qua deposition of fine amount of Rs.1 Lakh stands recalled and Trial Court is directed to release appellant forthwith, in terms of other conditions imposed by Court...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - When larger or wider relief is claimed and Court finds entitlement to a lesser relief then Court can grant such lesser relief - However, Court cannot grant a larger or wider relief to suitor than that claimed by him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Registry cannot make inroads into areas within exclusive domain of judiciary and seek clarification as to why a particular party has been joined as a respondent...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
