Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - S.216 Cr.P.C. cannot be invoked at the instance of complainant, accused or prosecution, as this power lies exclusively with Court...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Mere breach of contract by any party would not attract criminal prosecution...........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Agreement to sell -- Ready and willing - Readiness and willingness are two different expressions - Even though S.16(c) of Specific Relief Act has used the same conjointly, yet each of them needs to be pleaded and proved independently...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Present restoration application has been filed by petitioner after a lapse of more than 3 years - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Sought at the fag end of trial - Amendments qua which fresh evidence would be required to be led, cannot be permitted in law...........
