Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Wife of deceased/informant can contest the case after death of an informant...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Impleadment of wife of informant - Wife though is the legal heir and can contest the case after the death of her husband - However, wife has not suffered any loss or injury rather she herself instigated her four real brothers to commit the offence by attacking informant with danda and lathi -..........
Civil Procedure Code, 1908, Section 60(kb) -- Execution - Exemption from attachment - Money received by JD/wife under policy of insurance on the life of deceased/husband or house purchased by her by utilizing that amount, could not be put to auction or sale...........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. - Cannot be the basis to convict accused and that too for a serious offence of murder - Such statement is used merely to contradict a witness with his previous statement...........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Testimony of PWs is not in tune with the medical evidence - Serious inconsistencies in the statements of PWs and the prosecution story as narrated by informant in the FIR - Motive of crime not proved - No evidence was laid during trial that deceased was attacked by appellant with such considerable force that would have..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court can re-appreciate the evidence and come to a different conclusion but it must keep in mind that interference with a judgment of acquittal can only be for compelling reasons - S.378 Cr.P.C does not provide any limitation to the powers of Court while dealing with the judgment of acquittal...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
