Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As -- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There is no..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of points of determination - It is mandatory for First Appellate Court to frame points of determination while deciding first appeal - Since said requirement of law not fulfilled, as such First Appellate Court has committed illegality in not making compliance of O.41.R.31 CPC - Impugned order not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Order framing charge - Injuries received by victims were so trivial that medical officer did not even suggest X-ray examination - Ex-facie there is no evidence on record to show that accused intended to kill victims - Injuries were received in a flurry of brick bats being thrown by accused who were part of mob..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Quashing of order - Order taking cognizance - Cheating - Property dispute - No direct role attributed to petitioner who is merely a lawyer and a family member, which would deprive the complainant of her lawful property rights pertaining to relinquishment deed by husband..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
