Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If at the time of passing an order of acquittal two opinions are possible on some point and trial Court has taken one in passing acquittal order, Appellate Court may not interfere with the order of acquittal and take another view unless there is some glaring mistake of law or perversity in the..........
Indian Penal Code, 1860, Section 302, 324, 336, 148, 149, 506II -- Murder - Unlawful assembly - Common object - Enmity between two rival political groups - Prosecution evidence not sufficient to conclude that any conspiracy was hatched by accused with common object to cause death of deceased - No deadly weapons were carried by accused - At the most accused wanted to..........
Indian Penal Code, 1860, Section 97 -- Right of private defence - Mere reasonable apprehension is enough to put the right of self defence into operation and it is not necessary that there should be an actual commission of offence in order to give rise to right of private defence - It is enough if accused apprehended that such an offence is contemplated and is likely to be..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Can file an application to set aside ex parte order or to file an application seeking leave of Court for parties to appear through power of Attorney holder...........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Amendment sought by tenant on the ground that landlord along with his wife who had died 4-5 years back was owner of property as per sale deed and tenant had been paying rent in name of wife..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be passed against him...........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
