Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Hindu Succession Act, 1956, Section 14(1) -- Pre-existing right - Hindu female not holding any valid possession over subject property - Opening of fiscal proceedings would not confer a right of acquisition by either of devise as referred to u/s 14(1) Explanation of the Act - Moreover, mere possession would not confer pre-existing right of possession over subject property..........
Negotiable Instruments Act, 1881, Section 148 -- Applicability of S.148 of the Act - Procedure of recovery of fine or compensation from a accused of pending appeal already existed in Cr.P.C, before advent of provision as contained in S.148 of the Act - Provision introduced vide S.148 of the Act, which relates only to recovery of amount partly as interim measure, has to be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Whenever a person approaches High Court or Court of Session for issuance of a direction u/s 438 Cr.P.C., then it is incumbent for him to establish the first and foremost condition of apprehension or likelihood of his arrest on the accusation of having committed a no, bailable offence - Once such a..........
Consumer Protection Act, 1986, Section 23 -- Deficiency in service or restrictive trade practice - Supply of instrument - No commitment of supply of instrument with o, board laundry facility in brochure supplied to appellant - Appellant thus, could not insist on o, board laundry facility, which was never committed to be delivered to appellant along with instrument, nor..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased abused accused who got annoyed and first attacked deceased and on seeing this PW1 gave stick blow on the head of accused and thereafter accused went to his house and came back with gupti and inflicted gupti injury on left armpit of deceased - Inflicting injury on deceased is part of same..........
Criminal Procedure Code, 1973, Section 433A -- Remission of sentence - Pre-mature release - Guidelines which was referred to by State Government while rejecting remission application does not appear to apply to the facts of case - Guidelines which were in force at the time of conviction of accused or any guidelines which were placed at the time of consideration of case for..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Decision of application u/s 156(3) Cr.P.C. is, in the first instance, a pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable..........
