Criminal trial -- Appreciation of evidence - If major portion of evidence is found to be deficient and residue is sufficient to prove guilt of accused, it is duty of Court to separate grain from chaff - Falsity of particular material witness or material particular would not ruin it from beginning to end - As the Maxim false in one thing and false in everything has no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of injunction is an equitable relief - To get equitable relief a party must come to Court with clean hands and there has to be a complete disclosure of facts in the plaint - This duty is further enhanced when there is prayer for ex parte ad interim injunction...........
Representation of the Peoples Act, 1951, Section 100(1)(a)(b) - - Election of Legislative council - Improper rejection of nomination paper - Duty of Court - Held, once Court comes to conclusion that nomination paper had been improperly rejected, it is obliged in law to declare election void...........
Indian Penal Code, 1860, Section 397, 120B -- Dacoity - Conviction - Validity - Except stating what eye-witnesses have mentioned in their examination-in-chief, no further discussion is there in judgment of High Court - Testimony of all these persons are believed as gospel truth - Held, High Court was duty bound to consider their testimonies in entirety i.e. along with..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and whether same deserves acceptation being..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Guess work is permissible only to a limited extent - Market value of the land is to be determined taking into consideration the existing use of the land, geographical situation/location of the land alongwith the advantages/disadvantages i.e. distance from the National or State Highway or a road..........
Criminal Procedure Code, 1973, Section 225 -- Public prosecutor - Duty of - Public prosecutor is not expected to show a thirst to reach the case in conviction of accused somehow or other, irrespective of true facts involved in the case - Expected attitude of public prosecutor while conducting prosecution must be couched in fairness not only to Court and to investigating..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - It is duty of Court to fix a just compensation - At the time of fixing such compensation Court should not succumb to niceties or technicalities to grant just compensation in favour of claimant - In doing so, Tribunal can also ignore claim made by claimant in application for compensation with prime object to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - It is duty of Court to fix a just compensation - At the time of fixing such compensation Court should not succumb to niceties or technicalities to grant just compensation in favour of claimant - In doing so, Tribunal can also ignore claim made by claimant in application for compensation with prime object to..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Substantial question of law - A duty is cast on High Court to formulate substantial question of law before hearing appeal - If the same has not been done, the judgment based on that is vitiated in law...........
