Criminal Procedure Code, 1973, Section 386 -- Power of appellate Court - Remand of case to trial Court - Trial Court not properly considered fact as to whether accused were entitled for benefit of doubt and convicted accused - Appellate Court set aside order of conviction and remanded case to trial Court for fresh decision - Appellate Court being itself a Court of facts..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Allegation that deceased died due to sterilization operation conducted by petitioners without availability of proper anesthesia - However, post mortem report of deceased shows that reproductive organs of deceased were noticed to be in an absolutely healthy condition - Procedure carried out on the lady was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said provision of law, as it will be..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed for want of signatures - Court should have allowed the same, may be on imposition of some cost - Impugned order of trial Court set aside - Plaintiff directed to submit duly signed rejoinder on next date of hearing before trial Court...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - No weighty reasons for non filing of written statement within stipulated time - Order rejecting to receive the same at a belated stage, upheld...........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- FIR - Can be lodged by private person against wrongs done by another private person regarding immovable property belonging to Government - Order of summoning of accused on basis of said FIR affirmed...........
Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Criminal Procedure Code, 1973, Section 451, Kerala Forest Act, 1962, Section 61A -- Custody and disposal of property - Power of Court u/s 451 Cr.P.C. - Where confiscation proceedings is not maintainable u/s 61-A of 1962 Act, order of release can be passed by criminal Court where property is produced u/s 451 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
