Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering the FIR could not be held to be a ground adverse to the case of prosecution, as FIR is only a corroborative piece of evidence and not a substantive piece of evidence...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Simply because some adverse orders been passed against accused during course of trial, no presumption or assumption will arise that judge is seriously prejudiced...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 397 -- Dishonour of cheque - Revision against conviction - Suspension of sentence during pendency of revision - Hearing of revision is likely to take time - Defects of prosecution as the same may put an adverse effect on hearing of revision - Without passing any comments on niceties..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Section 96 -- Appeal - An appeal can be preferred only against a decree and not against any adverse finding recorded by Court below...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below that plaintiffs are owners of suit property of which defendant is in unauthorized possession - Claim of defendant that he has became owner of suit land by way of adverse possession was considered and rejected - Suit was not found to be time barred -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
